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. 202209010192 Document:EASEMENT Rec:$212.50 Page-4 of 10 <br /> ' Record Date:9/1/2022 12:36 PM Snohomish County,WA <br /> EASEMENT <br /> i <br /> actions and claims, includi is and reasonable attorney's fees incurred by the City or its <br /> officers,employees and agen ' defense thereof,arising directly or indirectly out of Grantor's <br /> use of the Easement Area. Thi raph does not require Grantor to indemnify and hold <br /> . <br /> harmless the City against liability for ges arising out of bodily injury to persons or damages <br /> 0 <br /> to property caused by or resulting from le negligence of the City or its officers,employees <br /> and:agents;provided,that if such liability is� ed by or results from the concurrent negligence <br /> of(a)the Grantor or its agents,successors or s,and (b)the City or its officers,employees <br /> or agents,the foregoing indemnity shall be valid a • sforceable to the extent permitted by law. <br /> The Grantor specifically and expressly waives any imrt"� i under Industrial Insurance,Title 51 <br /> RCW.and acknowledges that this waiver has been mutu all <br /> gotiated by the parties. <br /> .' 6. Title. The Grantor represents and warrants to tl tythat Grantor is lawfully seized <br /> and:possessed of the Property;Grantor has a good and lawful nOerd 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 /> unenforceable to any extent,such provision shall be enforced to the maximum extent permitted <br /> by law and the remaining provisions shall continue in full force and effect. <br /> 4 <br />