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6. A. Subject to Section 6 B below, Grantor does release, indemnify and promise
<br />to defend and save harmless the City, its officers, employees and agents from and against any and
<br />all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's
<br />fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising
<br />directly or indirectly on account of or out of Grantor's use or activity within the Easement Area.
<br />Subject to Section 6 B below, the City does release, indemnify and promise to defend and save
<br />harmless the Grantor, its officers, employees, agents, successors, assigns and lessees of the
<br />property across which the Easement extends from and against any and all liability, loss, damage,
<br />expense, actions and claims, including costs and reasonable attorney's fees incurred by the Grantor,
<br />its officers, employees, agents, successors, assigns and lessees of the property across which the
<br />Easement extends in defense thereof, asserting or arising directly or indirectly on account of or out
<br />of the City's use or activity within the Easement Area. This paragraph does not purport to
<br />indemnify the City or the Grantor 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, respectively,
<br />the City or the Grantor, its officers, employees, agents successors, assigns and lessees of the
<br />property across which the Easement extends; provided, that if the claims or damages are caused
<br />by or result from the concurrent negligence of (a) the Grantor, its agents, successors, assigns or
<br />lessees, and (b) the City, its officers, employees or agents, the parties' respective responsibilities
<br />shall be allocated by their respective degrees of fault. The Grantor and the City specifically and
<br />expressly waives any immunity under Industrial Insurance, Title 51 RCW, and acknowledges that
<br />this waiver has been mutually negotiated by the parties.
<br />B. The indemnification, defense, and hold harmless obligations under
<br />Section 6.A above are not applicable to any liability, loss, damage, expense, actions or claims
<br />arising from or relating to any release, discharge or placement of any Hazardous Substance.
<br />Grantor and City's obligations regarding Hazardous Substances are as set forth in that certain
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