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EASEMENT <br /> Engineer,the Grantee shall cease all such activity a�id remove any and all improvements placed <br /> Uierein without U�e written agreement of the City Engineer. In the event Grantee fails to obtain <br /> prior approval, Grantee hereby authorizes the City to remove any and all improvements placed or <br /> constructed therein and hold the City, its officers, employees and agents harmless from damage <br /> caused to said improvements from removal thereof. Grantee further agrees to pay the City for <br /> any and all costs incurrcd by the Cily in removing the improvements. This iight is in addition to <br /> any other right the City may have at law or in equity. <br /> 4. Grantee does release, indemnify and promise to defend and save harmless the City, its <br /> officers, employees and agents from und against any and all liability, loss, damage, expense, <br /> actions and claims, including costs and reasonable attorney's fees incun•ed 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 Grantee'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 /> Uodily 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 negligcnce of(a) the Grantee, its agents, successors or assigns, <br /> and (b) the City, its ofticers, employees or agents, this indemnity provision shall be valid and <br /> enforceable to the extent permitted by law. The Grantee snecificallv and exnresslv waives anv <br /> immunitv under Industrial Insurance,Title 51 RCW�, and acknowled es that this waiver has been <br /> mutuallv negotiated bv the parties. <br /> 5. The rigl�ts and obligAtions of the Grantor and Grantee shall inure to the benefit of and <br /> be binding upon their respective heirs, successors and assigns. <br /> 6. Tlie rights, title, privileges and authority hereby granted shull continue to be in force <br /> until such time as the Grantee, its successors or assigns, shall remove said structure from City's <br /> 3 <br />