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WATERLINE EASEMENT AGREEMENT <br /> (collectively, "Claims and Losses") incurred by the indemnified party or its officers, <br /> employees or agents in defense thereof,asserting or arising directly or indirectly on account <br /> of or out of the indemnifying party's exercise of the rights granted hereunder, breach of <br /> obligations hereunder, or negligence or willful misconduct. The foregoing indemnification <br /> will not apply to any Claims and Losses to the extent arising out of or caused by the <br /> negligence or wrongful conduct of the indemnified party. If the Claims and Losses so arising <br /> are caused by the concurrent negligence of the parties, the indemnifying party shall <br /> indemnify the indemnified parties only to the extent of the negligence of the indemnifying <br /> party. Each party specifically and expressly waives any immunity under Industrial <br /> Insurance, Title 51 RCW, and acknowledges that this waiver has been mutually negotiated <br /> by the parties. <br /> 8. Grantor also covenants to the City that Grantor is lawfully seized and possessed <br /> of the land aforesaid; has a good and lawful right and power to sell and convey same; that <br /> same is free and clear of encumbrances, except as indicated herein; and that Grantor will <br /> forever warrant and defend the title to said easement and the quiet possession thereof <br /> against the lawful claims and demands of all persons whomsoever. <br /> 9. Grantor reserves the right to relocate the easement to anywhere on the real <br /> property legally described in Exhibit C, so long as Grantor or its successors or assigns own, <br /> at the time of relocation, the real property parcels burdened by the relocated easement. To <br /> relocate the waterline(s), Grantor and the City shall comply with the requirements of Section <br /> 3 above and such relocated waterline, unless otherwise agreed by the City in writing, must <br /> be functionally equivalent to the waterline as it was prior to relocation. Grantor shall be <br /> responsible for all costs related to relocation,including but not limited to any costs of design, <br /> permitting, moving the existing waterline(s), deconstructing the existing waterline(s), <br /> and/or constructing a new waterline(s). Upon completion of the relocation, including any <br /> final inspection approval, Grantor shall promptly record, at its sole cost, an amendment to <br /> {04142897.DOCX;1 } 4 <br />