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F.ASEMENT <br /> damages are caused by or result from the concurrent negligence of (a) thc: Grantor, its agents, <br /> successors or assigns, and (b) [he City, its officers, employees or agents, chis indemnity <br /> provision shall be valid and enforceable to the extent pertni[ted by law. The Grantor <br /> �pecificallv and expresslv waives any immuni[v under Industrial Insurance, Title 51 RCW, and <br /> acknowledges [hat this waiver has been mutuallv neeotiated bv the parties. <br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br /> of the land aforesaid; has a good and lawful right and power to �ell and convey same; that <br /> same is free ar.d clear of encumbrances, except as above indica[ed; and that Grantor will <br /> forever warran[ and defend the title [o said easement and the quiet possession thereof agains[ <br /> the lawful claims and dcmands of all persons whomsoever. <br /> 8. The rights and obligations of the Grantor and City shall ir.are to the benefit of and be <br /> binding upon their respective heirs, successors and assigns. <br /> 9. Other: <br /> �xecuted as of the date hereinabove set forth. <br /> GRAN 1 OR(S) REPRESENTATNE/CORPOR��TE <br /> ' Seaway Merrill Investors, LLC Michael N. We11 <br /> a Washington limited liability company _ / <br /> By: PiWells Investments, LLC B � L' � q � � ,` <br /> an Oregon limited liability company Y: _� �� <br /> By: Michael N. Wells �, � �A �`1„ � <br /> Sole Pfember Tide: ��%� (' ��-ti � <br /> /� <br /> 20 � � � 1o � o62s <br />