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C. Approval. A Party shall not start its proposed construction or other activity <br />unless and until it has received the other Party's written approval therefor. <br />This written review and approval will not be unreasonably withheld, <br />conditioned or delayed. Review and approval under this Section 5 is only <br />approval under this Agreement, is not replacement for required peiinits, and <br />is not a representation or certification that the plans and specifications or the <br />proposed activity complies with any applicable law, building code or other <br />governmental rule or regulation. <br />6. Relocation. Grantor may, with no less than one-year prior written notice to the City, <br />require the City to relocate the New Transit Platform to a new location on Grantor's <br />Property. For such relocation to occur, (A) the location of the replacement New <br />Transit Platform must be reasonably acceptable to the City, (B) Grantor must design, <br />permit, and construct the replacement New Transit Platform at Grantor's sole cost; <br />(C) the replacement New Transit Platform must be at least the size and quality of <br />the existing New Transit Platform and must be constructed in accordance with plans <br />and specifications approved in writing by the City Transit Director, which approval <br />will not be unreasonably withheld; (D) the existing New Transit Platform must <br />remain operational until the replacement New Transit Platfotm is constructed in <br />accordance with the approved plans and specifications and is ready for public use; <br />(E) demolition of the existing New Transit Platform shall be at Grantor's cost; and <br />(F) upon completion of the replacement New Transit Platfotin in accordance with <br />the approved plans and specifications, (i) Grantor will dedicate the replacement New <br />Transit Platform to the City at no cost to the City, and (ii) Grantor will obtain a <br />survey for a legal description of the area of the replacement New Transit Platform <br />and the Parties will amend this Agreement to replace Exhibit A hereto with a new <br />depiction of the New Transit Platform Easement Area and the new legal description <br />for the New Transit Platform Easement Area as built. <br />7. Indemnity Each Party (an "Indemnifying Party") releases, indemnifies and <br />promises to defend and save harmless the other Party, its officers, employees and <br />agents (an "Indemnified Party") from and against any and all liability, loss, damage, <br />expense (including reasonable attorney's fees and costs), actions and claims for <br />property damage or personal injury or death of person to the extent arising from the <br />negligence or willful misconduct related to this Agreement by the Indemnifying <br />Party or its officers, contractors, employees or agents or arising from breach of this <br />Agreement by the Indemnifying Party or its officers, contractors, employees or <br />agents Each Party, as respects to the other Party only, specifically and expressly <br />waives any immunity under Industrial Insurance. Title 51. RCW. and acknowledges <br />that this waiver has been mutually negotiated by the Parties. <br />Page 6 of 14 <br />