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b <br /> EASEMENT <br /> 6. Grantor releases, indemnifies and promises to defend and save harmless the City, <br /> its officers, employees and agents from and against any and all liability, loss, damage, expense, <br /> actions and claims, including costs and reasonable attorney's fees incurred by the City, its <br /> officers, employees and agents in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of Grantor's use or activity within the above-described easement. This <br /> paragraph does not purport to indemnify the City 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 the City, its officers, employees and agents; provided,that if the claims or damages are caused <br /> by or result from the concurrent negligence of(a) the Grantor, its agents, successors or assigns, <br /> and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and <br /> enforceable to the extent permitted by law. Grantor specifically and expressly waives any <br /> immunity under Industrial Insurance, Title 51, RCW, and acknowledges that this waiver has been <br /> mutually negotiated by the parties. <br /> 7. City releases, indemnifies and promises to defend and save harmless the Grantor, <br /> its officers, employees and agents from and against any and all liability, loss, damage, expense, <br /> actions and claims, including costs and reasonable attorney's fees incurred by the Grantor, its <br /> officers, employees and agents in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of City's or public's use or activity within the above-described easement. This <br /> paragraph does not purport to indemnify 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 the Grantor, its officers, employees and agents; provided, that if the claims or damages are <br /> caused by or result from the concurrent negligence of (a) the Grantor, its agents, successors or <br /> assigns, and (b)the City, its officers, employees or agents, this indemnity provision shall be valid <br /> and enforceable to the extent permitted by law. City specifically and expressly waives any <br /> 4 <br /> 9 <br />