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Landmark Web official Records Search <br />7/8/2021 <br />262167080971 Document: EASEMENT Rec: S122SO Page-4 of 20 <br />Record Date:7/812021 3:34 PM Snohomish Count}, WA <br />WATERLIlNE E-kSEMEllT AGREEMENT <br />(collectively, "Claims and -,bosses") 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 par3,'s exercise of the rights granted hereunder, breach of <br />ence tir willful misconduct. The foregoing indemnification <br />obligations hereunder, or neglig <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 parry shall <br />indemnify the indemnified parties only to the e tent of the negligence of the indemnifying <br />by the parties. <br />8. Grantor also covenants to the City that Grantor islawfully seized and possessed <br />good and lawful right and power to sell and convey same; that <br />of the land aforesaid; has a <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 />