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(b) The City shall release, indemnify and hold harmless the Port and its officers, <br /> employees and agents from and against any and all liability, loss, damage, cost, expense, actions <br /> and claims, including costs and reasonable attorney's fees incurred by Port City or its officers, <br /> employees and agents in defense thereof, arising directly out of the City's use of the Easement <br /> Area. This paragraph does not require the City to indemnify and hold harmless the Port against <br /> liability for damages arising out of bodily injury to persons or damages to property caused by or <br /> resulting from the sole negligence of the Port or its officers, employees and agents; provided, <br /> that if such liability is caused by or results from the concurrent negligence of (a) the Port or its <br /> officers, employees, or agents, and (b) the City or its officers, employees or agents, the parties' <br /> respective responsibilities shall be allocated by their respective degrees of fault. <br /> (c) The Port and the City specifically and expressly waives any immunity under <br /> Industrial Insurance, Title 51 RCW, and acknowledges that this waiver has been mutually <br /> negotiated by the parties. <br /> (d) The indemnification, defense, and hold harmless obligations under <br /> Sections 5(a) and 5(b) 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 /> (defined below).The Port's and the City's obligations regarding Hazardous Substances are as set <br /> forth by applicable law. As used hereunder, the term "Hazardous Substance" shall mean (i) any <br /> substance subject to regulation under the Washington Hazardous Waste Management Act <br /> (chapter 70.105 RCW) as amended from time to time and regulations promulgated thereunder; <br /> (ii)any"hazardous substance" under the Washington Model Toxics Control Act(chapter 70.105D <br /> RCW) as amended from time to time and regulations promulgated thereunder; (iii) any <br /> "hazardous substance" or "hazardous waste" as defined by the Comprehensive Environmental <br /> Response,Compensation and Liability Act of 1980(42 USC§9602 et seq.) as amended from time <br /> to time and regulations promulgated thereunder;(iv)any asbestos;(v)polychlorinated biphenyls; <br /> (vi) underground storage tanks, whether empty, filled, or partially filled with any substance; <br /> 5 <br />