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rnscM�Nz� <br /> RCW, and acknowledges that this waiver has been mutuallv neeotiatcd bv the nartics. City docs <br /> :clease, indemnify and prom:se to dcfend and save harmlcss Grantor, its officers, employees aud <br /> agents from and against any and all liability, loss, damage, expense, actions an� claims, including <br /> costs and reasonablc attorney's fees incurred by Grantor, its officers, employecs and agents in <br /> defense ihercof, asserting or arising dircctly or indirecdy on account of or out of City's use or <br /> activity within the above-described easement. This paragraph docs not purport to indemnify <br /> Grantar against liability, loss, damage, expense, actions and claims for damages arising out of the <br /> ncgligr,nce of the Grantor, its officers, employees and agents; provided, iliat if the claims or <br /> damages are caused by or result from the concurrant negligence of a) City, its agents, successors <br /> ar assigns, and (b) Gr�ntor, its officers, employees or lgents, thi indemnity provisioc: shall be <br /> valid and enforceaUle to the extent pennitted by law. Ci s ecif allv m�d ezpresslv waives anv <br /> imnwniri� under Industrial Insurance. Titie 51 RC�1'. and ackno��led[;es that this waiver has bcen <br /> muWallv nestotiatcd bv the parties. <br /> 4. "Iiic Grantor also covenants to the City that Grantor is lawfully seized and possessed of <br /> thc land aforesaid; has a good and lawful riglit and power to sell and convey same; that same is <br /> li�cc a�id clear of encumbrances, cxcept as aUove indicated. <br /> S. 77ie rights and obligations of ihe Grantor and City shall inure to the benefit of and be <br /> binding upon their respective licirs, successors and assigns. <br /> rxecuted as of the date hereinabove set forth. <br /> � <br /> <�KAN_fC)� RCPRCSGNTATIVE/CORPOF.ATE <br /> PPLUGGER PROPERTIES <br /> i � <br /> �y:� � <br /> T�ti�: /' +��� �f <br /> s <br /> s ir_x�.i iozs i�,��.nuoo i <br /> AF2U � ;� � � 22U4g8 �s <br />