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Public Discharge Area. Any information provided to Grantor at any time by the City regarding <br /> quality, quantity or content of stormwater discharge or runoff from the Public Discharge Area is <br /> solely reference information for Grantor to use at Grantor's sole risk. No change in the quality, <br /> quantity or content of stormwater discharge or runoff from the Public Discharge Area shall <br /> release Grantor from any of Grantor's obligations under this Agreement. Grantor releases the <br /> City from, and waives all claims related to quantity, quality or content of stormwater discharge <br /> and runoff from the Public Discharge Area, including without limitation release and waiver of all <br /> claims relating to (A) flooding by stormwater from the Public Discharge Area or (B) sediment, <br /> contaminants, or pollution that may be included stormwater discharge or runoff from the <br /> Public Discharge Area. <br /> 8. Indemnity. Grantor shall release, indemnify, hold harmless, and defend the City <br /> and its officers, employees and agents from and against any and all liability, loss, damage, cost, <br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the City <br /> or its officers, employees and agents in defense thereof, arising directly or indirectly out of this <br /> Agreement or the Private Stormwater Facility. This paragraph does not require Grantor to <br /> indemnify and hold harmless the City against liability for damages arising out of bodily injury to <br /> persons or damages to property caused by or resulting from the sole negligence of the City or <br /> its officers, employees and agents; provided, that if such liability is caused by or results from <br /> the concurrent negligence of (A) the Grantor or its agents, successors or assigns, and (B) the <br /> City or its officers, employees or agents, the foregoing indemnity shall be valid and enforceable <br /> to the extent permitted by law. The Grantor specifically and expressly waives any immunity <br /> under Industrial Insurance, Title 51 RCW, and acknowledges that this waiver has been mutually <br /> negotiated by the parties. <br /> 5 <br />