2010 BURLEY DR 2016-01-01 MF Import

6. Grantor does release, indemnify and promise to defend and save hartnless the Ciry, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the above described easement. This paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its otiicers, employees and agents; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assisns, and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and enforceable to thc extent permitted by law. The Grantor snecificallv and exoresslv weives any immunitv �nder Industrial Insurance. Title 51 RCW. and acknowledgec that this waiver has been mutuallv neeotiated by the Qarties. 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power to sell and convey same; that same is free and clear of encumbrances, except as above indicated; and that Grantor vvill forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. 8. The rights and obligatious of the Grantor and City herein shall inure to the bene6t of and be binding upon their respective heirs, successors and assigns. 951005025R �ci.3G��FacE�u�6 Ea.emml P�ge � (Feb93)