|
13
<br /> EASEMENT
<br /> premises, for any purposes whatsoever, shall immediately cease and the said Grantor, its
<br /> successors and assigns, may, at its or their option, re-enter, retake and hold said described
<br /> lands and premises as of the present estate of said Grantor without compensation to said
<br /> Grantee, the public, or any other person whomsoever, for improvements or property
<br /> removed, taken or destroyed, or liability for loss of, or damage to any premises or the
<br /> improvements thereon abutting on said Easement area or any part thereof.
<br /> 9. Nothing in this easement is intended to be construed as a requirement for
<br /> an indemnification against the sole negligence of the Grantor, its officers, employees or
<br /> agents, or the sole negligence of the Grantor's successors and assigns, and their
<br /> respective officers, employees, or agents. Moreover, for any work performed in the State
<br /> of Washington, the Grantee will require its contractors to indemnify the Grantor, its
<br /> successors and assigns against all loss, liability and damages, including environmental
<br /> damage, hazardous materials damage, penalties or fines that maybe assessed, caused by
<br /> or resulting from the contractor's negligence, provided, however, if such loss, liability,
<br /> damage, penalties or fines are caused by or result from the concurrent negligence of (a)
<br /> the Grantor or the Grantor's officers, employees or agents, or the Grantor's successors
<br /> and assigns, and their respective officers, employees, or agents, and (b) the contractor or
<br /> the contractor's employees, agents or subcontractors, such indemnity shall be valid and
<br /> enforceable only to the extent of the negligence of the contactor, or the contractor's
<br /> employees, agents or subcontractors.
<br /> 10. The Grantor does not warrant its title to said premises nor undertake to
<br /> defend the Grantee in the peaceable possession, use or enjoyment thereof; and the grant
<br /> herein made is subject to all outstanding rights or interest of others, including the tenants
<br /> and licensees of the Grantor.
<br /> This easement shall be binding upon and inure to the benefit of the heirs, ,
<br /> executors, administrators, assigns and successors of Grantor and Grantee.
<br /> TO HAVE AND TO HOLD THE SAME, together with all the hereditaments
<br /> and appurtenances thereunto belonging to Grantee for public use and enjoyment for the
<br /> purposes aforesaid and for no other purpose whatsoever subject to the terms and
<br /> conditions hereinbefore stated.
<br /> It is understood and agreed that delivery of this Easement is hereby tendered and
<br /> that the terms and obligations hereof shall not become binding upon the State of
<br /> Washington, unless and until accepted and approved hereon in writing for the State of
<br /> Washington, Department of Transportation,by its Director of Real Estate Services.
<br /> Page 4 of 10 pages Parcel No. 1-22125
<br /> 104
<br />
|