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• . V bY4 n Vh) , f Tl • i"`Y'f1eT4, '[ <br />�L <br />qT <br />L S <br />• i <br />6. Grantor does retase indemnify and promise to defatd and Awe harmless <br />the City, its officers. employees and agate from and against my atd all liability. los& <br />damage, arparse, actions and damn, including costs and reasonable attorneys fees <br />inured by the City. its officers, anployees and agents in defense theeot: asserting or <br />arising directly or indirectly on account of or out of Grantor's use or activity within the <br />above described easement. This paragraph does not purport to indcmnil� the City against <br />liability for damages arising out of bodily injury to persons or damages to property caused <br />by or resulting from the sole negligence of the City, its officers, employees and agents; <br />provided, that if the claims or damages are caused by or result Born the concurrent <br />negligence of (a) the Grantor, its agents, successors or assigns, and (b) the City, its <br />officers, employees or agents, this indemnity provision shall be valid and enforceable to <br />the extent permitted by law. The Grantor soecifially and expressly waives any immunity <br />under Industrial Insurance. Title 51 RCW and acknowledges that this waiver haste <br />mutually oesotiated by the parties <br />7. The Grantor also covenants to the City that Grantor is lawfully seized and <br />possessed of the land aforesaid; has a good and lawful right and power to sell and convey <br />same; that same is free and dear of encumbrances, except as above indicated; and that <br />Grantor will forever warrant and defend the title to said easement and the quiet possession <br />thereof against the lawful claims and demands of all persons whomsoever. <br />g. The rights and obligations of the Grantor and City herein shall inure to the <br />benefit of and be binding upon their respective heirs, successors and assigns. <br />Fiaenel Pare 4 (F►11) <br />9708120003 <br />