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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 /> regulation under the Washington Hazardous Waste Management Act (chapter 70.105 RCW) as <br /> amended from time to time and regulations promulgated thereunder; (ii) any "hazardous <br /> substance" under the Washington Model Toxics Control Act (chapter 70.105D RCW) as <br /> amended from time to time and regulations promulgated thereunder; (iii) any "hazardous <br /> substance" or "hazardous waste" as defined by the Comprehensive Environmental Response, <br /> Compensation and Liability Act of 1980 (42 USC § 9602 et seq.) as amended from time to time <br /> and regulations promulgated thereunder; (iv) any asbestos; (v) polychlorinated biphenyls; (vi) <br /> underground storage tanks, whether empty, filled, or partially filled with any substance; (vii) <br /> any solid waste or solid waste decomposition products; (viii) any substance the presence of <br /> which is prohibited by any federal, state, county, municipal, or local governmental statutes, <br /> regulations, ordinances, or resolutions; and (ix) other substances deemed hazardous, toxic, a <br /> pollutant, or contaminant, which by any federal, state, county, municipal, or other local <br /> governmental statutes, regulations, ordinances, or resolutions require special handling or <br /> notification in its collection, storage, treatment, or disposal. <br /> 6. Title. The Grantor represents and warrants to the City that Grantor is lawfully <br /> seized and possessed of the Property, that Grantor has a good and lawful right and power to <br /> grant the Easement and enter into this Agreement; and that the Property is free and clear of <br /> 128399350.6 0073013-00075 <br />