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202507010109 Document:AGMT Rec: $313.50 Page-4 of 11
<br />Record Date:7/1/2025 10:18 AM Snohomish County, WA
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<br />damages that may result from the sole negligence of the Grantor), that may accrue to, or be
<br />suffered by, any person or persons or property or properties, including without limitation,
<br />damage or injury to the public, Grantee, its officers, agents, employees, contractors,
<br />invitees, tenants and tenants' invitees, licensees, arising from or relating to this Agreement
<br />or to the construction, maintenance, operation or use of the Tie -Back Area or the Tie -Back
<br />Improvements. If any such suit, action or claim is filed,' instituted or begun against the
<br />Grantor, Grantee shall, upon notice thereof from the Grantor, defend the same at Grantee's
<br />sole cost and expense, and in case judgment shall be rendered against the Grantor in any
<br />suit or action, Grantee shall fully satisfy the judgment within one hundred and twenty
<br />(120) days after such suit, action or claim shall have been finally determined, if determined
<br />adversely to the Grantor. If it is determined by a court of competent jurisdiction that RCW
<br />4.24.115 applies to any such suit, action or claim, then Grantee's obligations under this
<br />Section 6 shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly
<br />for the purpose of its duties to indemnify and defend the Grantor, Grantee specifically
<br />waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW.
<br />Grantee recognizes that this waiver of immunity under Title 51 was specifically entered
<br />into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual
<br />negotiation. This Section 6 survives any termination of this Agreement.
<br />7. Insurance. For as long as this Agreement is in effect, Grantee shall obtain
<br />and maintain in full force and effect, at its sole expense, insurance that protects the Grantor
<br />from claims and risks of loss from perils that can be insured against under commercial
<br />general liability ("CGL") insurance policies in conjunction with:
<br />A. construction, reconstruction, operation, repair, maintenance,
<br />removal, use, or existence of the Tie -Back Improvements;
<br />B. activity of Grantee or its officers, agents, employees, contractors,
<br />invitees, tenants and tenants' invitees or licensees within, or the use
<br />or occupation of, the Tie -Back Area; and
<br />C. claims and risks in connection with and activity performed by or its
<br />officers, agents, employees, contractors, invitees, tenants and
<br />tenants' invitees or licensees by virtue of the rights granted under
<br />this Agreement.
<br />Minimum insurance requirements include CGL insurance based on the Insurance Services
<br />Office (ISO) form CG 00 01 or equivalent. Grantee shall obtain insurance coverage with
<br />an insurer admitted and licensed to conduct business in Washington. State or with a surplus
<br />lines carrier pursuant to Chapter 48.15 RCW; except that if it is infeasible to obtain
<br />coverage with such insurer, the Grantor may approve an alternative insurer. Minimum
<br />limits of liability shall be One Million Dollars ($1,000,000) for each occurrence and
<br />combined single limit bodily injury, property damage with Two Million Dollars
<br />($2,000,000) annual aggregate and a Ten Million ($10,000,000) umbrella. The above
<br />Tie -Back Pennit and Agreement Page 4
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