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EASEMENT <br />5. Indemnity. Grantor shall release, indemnify and hold harmless the City and its <br />officers, employees and agents from and against any and all liability, loss, damage, cost, expense, <br />actions and claims, including costs and reasonable attorney's fees incurred by the City or its <br />officers, employees and agents in defense thereof, arising directly or indirectly out of Grantor's <br />use of the 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 />In <br />