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the property across which the Easement extends from and against any and all liability, loss, <br /> damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by <br /> the Grantor, its officers, employees, agents, successors, assigns and lessees of the property across <br /> which the Easement extends in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of the City's use or activity within the above-described Easement. This paragraph <br /> does not purport to indemnify the City or the Grantor against liability for damages arising out of <br /> bodily injury to persons or damages to property caused by or resulting from the sole negligence <br /> of, respectively, the City or the Grantor, its officers, employees, agents successors, assigns and <br /> lessees of the property across which the Easement extends;provided,that if the claims or damages <br /> are caused by or result from the concurrent negligence of(a) the Grantor, its agents, successors, <br /> assigns or lessees, and (b) the City, its officers, employees or agents, the parties' respective <br /> responsibilities shall be allocated by their respective degrees of fault. The Grantor and the City <br /> specifically and expressly waives any immunity under Industrial Insurance, Title 51 RCW, and <br /> acknowledges that this waiver has been mutually negotiated by the parties. <br /> B. The indemnification, defense, and hold harmless obligations under Section <br /> 6.A above are not applicable to any liability,loss, damage,expense,actions or claims arising from <br /> or relating to any release,discharge or placement of any Hazardous Substance. Grantor and City's <br /> obligations regarding Hazardous Substances are as set forth by applicable law. As used hereunder, <br /> the term "Hazardous Substance" shall mean (i) any substance subject to regulation under the <br /> Washington Hazardous Waste Management Act (chapter 70.105 RCW) as amended from time to <br /> time and regulations promulgated thereunder; (ii) any "hazardous substance" under the <br /> Washington Model Toxics Control Act (chapter 70.105D RCW) as amended from time to time <br /> and regulations promulgated thereunder; (iii) any "hazardous substance" or"hazardous waste"as <br /> defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 <br /> (42 USC §§ 9602 et seq.) as amended from time to time and regulations promulgated thereunder; <br /> 4 <br />