7428 EVERGREEN WAY 2016-01-01 MF Import

6. Grantor does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liabiliry, loss, damagr, expense, actions and claims, including costs and reasonablc attomey's fees incurre3 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 describE:d easement. This paragraph does not purport to indemnify the City against liability for damages arisins out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, employee� 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 assigns, and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law. The Grantor specificallv and exoresslv waives any immunity under industrial insurance, Title 51 RCW _and acknowled�es tF.It this waiver has been mutually negotiated bv the oarties. 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 will 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. 7'he rights and obligations of the Grantor and City herein shall inure to the bene6t of and be binding upon their respective heirs, successors and assigns. Eacemrnt, Pag<J �509��0p9'� 40L. ��r��.PAGEO4��$ (Feb�95)