11108 EVERGREEN WAY BASE FILE 2018-01-01 MF Import

.. - _ , _ , , _ , b. Cmntor does rele�se, indemnify and promise to defa�d and �ave h�rmle�s the City, its ot5cers, employees and agenu from and against arry and a11 liability, loss, damagq acpense, actions and claims, including costs end nxsonable attomey's feos incurred by the Ciry, its officxrs, en:ployees and agents in defense thereof, asaerting or arising directly or indirectly on account of or out of Grantor's use or u,tivity within the above describal easement. This paragraph does not purport to indemnifj+the City againat GabiGty for damages arising out of bodily injury to persons or damages to prop�ty caused by or resulting from the sole negligence of the Ciry, its officen, anployas and agents; provided, that if the claims or damages are caused by or result from the concurcent negligence of (a) the Grantor, its agents, wccessors or assigns, and (b) the City, its o6cers, employees or agents, this indemnity provision shall be valid and enforceable to the exta�t perntitted by law. The G��tor sp 'xi6ca!lyl i� eYoresslv waivGS any imnw��ty under Industrial Insurance. Title 51 RCW. and acknowle�gss that this weiva h.a h�, mutuallv neaotisted bv the p;rties. 7. The Grantor also covenants to the City that Grar.tor is Iawfully seizod and possessed of the Iand aforesaid; has a good and lawful right and power to sdl end comey same; that same is free and clear of encumbrances, accept as sbove indicxted; and that Grantor will forever warrent and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of aU persans whomsoever. 8. The rights and obligations of the Grsntor and City herein shall inuro to the benefit of and be binding upon their respcctive heirs, succeaaors and agaigns. E�+ana�4 Pass 4 . (F�l� � 8 612110p 24 vo�. 3243PACE0359