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6. A. Subject to Section 6.B below, Grantor releases, indemnifies and promises
<br /> to defend and save harmless the City, its officers, employees and agents from and against any
<br /> and all liability, loss, damage, expense, actions and claims, including costs and reasonable
<br /> attorney's fees incurred by the City, its officers, employees and agents in defense thereof,
<br /> asserting or arising directly or indirectly on account of or out of Grantor's use or activity within
<br /> the above-described Easement during the term of this Agreement. Subject to Section 6.B
<br /> below, the City does release, indemnify and promise to defend and save harmless the Grantor,
<br /> its respective officers, employees, agents, successors, assigns and any future lessees or
<br /> sublessees of the Property from and against any and all liability, loss, damage, expense, actions
<br /> and claims, including costs and reasonable attorney's fees incurred by the Grantor, or any of its
<br /> respective officers, employees, agents, successors, assigns and future lessees or sublessees of
<br /> the Property in defense thereof, asserting or arising directly or indirectly on account of or out
<br /> of the City's exercise of rights pursuant to this Agreement during the term of this Agreement.
<br /> This paragraph does not purport to indemnify the City or the Grantor against liability for
<br /> damages arising out of bodily injury to persons or damages to property caused by or resulting
<br /> from the sole negligence of, respectively, the City, or the Grantor, or their respective officers,
<br /> employees, agents successors, assigns or future lessees or sublessees of the property across
<br /> which the Temporary Construction Easement extends; provided, that if the claims or damages
<br /> are caused by or result from the concurrent negligence of(a) the Grantor, its officers, agents,
<br /> successors, assigns or future lessees, its officers, employees, agents, assigns or sublessees,
<br /> and/or(b)the City,its officers,employees or agents,the parties' respective responsibilities shall
<br /> be allocated by their respective degrees of fault. The Grantor, and the City specifically and
<br /> expressly waives any immunity under Industrial Insurance, Title 51 RCW (but solely to the
<br /> extent necessary to give effect to this agreement), and acknowledges that this waiver has been
<br /> mutually negotiated by the parties. All of the foregoing provisions of this Section 6 shall
<br /> survive and be enforceable after the termination of this Agreement.
<br /> B. The indemnification, defense, and hold harmless obligations under
<br /> Section 6.A above are not applicable to any liability, loss, damage, expense, actions or claims
<br /> arising from or relating to any release, discharge or placement of any Hazardous Substance.
<br /> Grantor and City's obligations regarding Hazardous Substances are as set forth by applicable
<br /> law. As used hereunder,the term"Hazardous Substance" shall mean(i) any substance subject
<br /> to regulation under the Washington Hazardous Waste Management Act(chapter 70.105 RCW)
<br /> as 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
<br /> time and regulations promulgated thereunder; (iv) any asbestos; (v)polychlorinated biphenyls;
<br /> (vi) underground storage tanks, whether empty, filled or partially filled with any substance;
<br /> (vii) any solid waste or solid waste decomposition products (not part of or resulting from the
<br /> intermodal transfer facility operations); (viii) any substance the presence of which is prohibited
<br /> by any federal, state, county, municipal or other local governmental statutes, regulations,
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