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Easement Area or the right of access, ingress and egress set forth above, or which, in the City's <br /> reasonable judgment, constitute a hazard to the Easement Area, the right of access, ingress and <br /> egress set forth above or the City's utilities infrastructure. Grantor agrees that title to all <br /> Obstructions trimmed, cut or removed from the Property by the City shall be vested in the City, <br /> and that the consideration paid for conveying this Easement and the rights herein granted and <br /> conveyed is accepted as full compensation for all damages incidental to the exercise of any of <br /> said rights. <br /> 5. Indemnity. <br /> (a) 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, <br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the City <br /> or its officers, employees and agents in defense thereof, arising directly or indirectly out of <br /> Grantor's use of the Easement Area. This paragraph does not require Grantor to indemnify and <br /> hold harmless the City against liability for damages arising out of bodily injury to persons or <br /> damages to property caused by or resulting from the sole negligence of the City or its officers, <br /> employees and agents; provided, that if such liability is caused by or results from the <br /> concurrent negligence of(a) the Grantor or its agents, successors or assigns, and (b) the City or <br /> its officers, employees or agents, the foregoing indemnity shall be valid and enforceable to the <br /> extent permitted by law. The Grantor specifically and expressly waives any immunity under <br /> Industrial Insurance, Title 51 RCW, and acknowledges that this waiver has been mutually <br /> negotiated by the parties. This Section survives termination of this Agreement. <br /> (b) The indemnification, defense, and hold harmless obligations under <br /> Section 5(a) are not applicable to any liability, loss, damage, expense, actions, or claims arising <br /> from or relating to any release, discharge, or placement of any Hazardous Substance (defined <br /> below). Grantor's and the City's obligations regarding Hazardous Substances are as set forth by <br /> applicable law and agency requirements, including but not limited to Ecology requirements. As <br /> used hereunder, the term "Hazardous Substance" shall mean (i) any substance subject to <br /> 128631907.6 0073013-00075 <br />