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EM <br /> useASE of theENT Easement Area. This paragraph does not require Grantor to indemnify and hold <br /> harmless the City against liability for damages arising out of bodily injury to persons or damages <br /> to property caused by or resulting from the sole negligence of the City or its officers, employees <br /> and agents; provided, that if such liability is caused by or results from the concurrent negligence <br /> of (a) the Grantor or its agents, successors or assigns, and (b) the City or its officers, employees <br /> or agents,the foregoing indemnity shall be valid and enforceable to the extent permitted by law. <br /> The Grantor specifically and expressly waives any immunity under Industrial Insurance, Title 51 <br /> RCW, and acknowledges that this waiver has been mutually negotiated by the parties. <br /> 6. Title. The Grantor represents and warrants to the City that Grantor is lawfully seized <br /> and possessed of the Property; Grantor has a good and lawful right and power to sell and convey <br /> this Easement; the Property is free and clear of encumbrances; and that Grantor will forever <br /> warrant and defend the title to the Easement Area and the City's quiet possession thereof against <br /> any and all claims and demands of all persons whomsoever. <br /> 7. Assignment; Binding Effect. This Easement and the conditions herein contained <br /> shall be covenants running with the land and shall inure to the benefit of and be binding upon <br /> the parties hereto and their successors and assigns, including any subsequent owners of the <br /> Property. This Easement is freely assignable by the City without the consent of Grantor. <br /> 8. Miscellaneous. This Easement shall be construed under and governed by the <br /> laws of the State of Washington. Either party's failure to enforce any provision hereof shall not <br /> constitute waiver thereof in any future instance. If any provision hereof is held to be <br /> unenforceable to any extent, such provision shall be enforced to the maximum extent permitted <br /> by law and the remaining provisions shall continue in full force and effect. <br /> 4 <br />