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EASEMENT
<br /> against and shall indemnify and hold harmless from any and all liability, loss, damage, cost,
<br /> expense, actions and claims, including costs and reasonable attorney's fee incurred by, the
<br /> City and its officers, employees and agents arising out of the removal of such alterations or
<br /> improvements. Grantee further agrees to pay the City for any and all costs incurred by the
<br /> City in removing such alterations or improvements. The foregoing right is in addition to any
<br /> other right the City may have at law or in equity.
<br /> 4. Release, Hold Harmless, Indemnification, and Duty to Defend. Grantee releases
<br /> the Grantor from any and all claims resulting from damage or loss to its own property and
<br /> does covenant and agree at all times to indemnify, defend and hold harmless the Grantor, its
<br /> officers, agents and employees, from all claims, actions, suits, liability, loss, costs, expense or
<br /> damages of every kind and description (excepting only such damages that may result from the
<br /> sole negligence of the Grantor), that may accrue to, or be suffered by, any person or persons
<br /> or property or properties, including without limitation, damage or injury to the public,
<br /> Grantee, its officers, agents, employees, contractors, invitees, tenants and tenants' invitees,
<br /> licensees, arising from or relating to the Easement or to Grantee's use of the Easement Area
<br /> or Grantee's violation of any of the covenants, terms and conditions herein. If any such suit,
<br /> action or claim is filed, instituted or begun against the Grantor, Grantee shall, upon notice
<br /> thereof from the Grantor, defend the same at Grantee' sole cost and expense, and in case
<br /> judgment shall be rendered against the Grantor in any suit or action, Grantee shall fully satisfy
<br /> the judgment within one hundred and twenty (120) days after such suit, action or claim shall
<br /> have been finally determined, if determined adversely to the Grantor. If it is determined by a
<br /> court of competent jurisdiction that RCW 4.24.115 applies to any such suit, action or claim,
<br /> then Grantee's obligations under this Section shall apply only to the extent allowed by RCW
<br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend the
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