2202 100TH ST SW 2023-02-07 - Laserfiche WebLink

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