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EASEMENT <br />damages are caused by or result from the concurrent negligence of (a) the Grantor, its agents, <br />successors or assigns, and (b) the City, its officers, employees or agents, this indemnity <br />prevision shall be <br />valid and enforceable to <br />the extent permitted by <br />law. <br />The Grantor <br />specifically and expressly <br />waives any immunity <br />under. industrial Insurance <br />Title <br />51 RCW, and <br />acknowledges that this waiver has been mutually negotiated by 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 sell and convey same; that <br />same is free and clear of encumbrances, except as of record with the Snohomish County <br />Auditor; and that Grantor will forever warror.t and defend the title to said easement and the <br />quiet possession thereof against the lawful claims and demands of all persons whorsoever. <br />8. The rights and obligations of the Grantor and City shall inure to the benefit of and be <br />binding �tpon their respective heirs, successors and assigns. <br />9. Othi°r: City will make all reasonable efforts to leave property abutting easement area in as <br />good or better condition to that prior to :onstruction or maintenance work. <br />Executed as of the date hereinabove set forth. <br />GRANTORS <br />Ron W. Collins <br />Carma L. Lawson <br />Utility A/Lascmnt.doc 4 <br />1805050200 <br />