6400 MERRILL CREEK PKY 2018-01-01 MF Import

out of Cnantor's use or adivity within the above described easement. T'his paragraph does not purport to indemnify the City against liability for damages arising out of bodily injwy to persons or damages to property caused by or resulting from the sole negligence of the City, iis officers, employees and agents; provided, that if the claims or dam�ges are caused by or resuli &om the concurrent negligence of(a) the Grantor, its agents, successors or assigns, and (b) the City, its of5cers, employees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law. The Grantor specifically and expressly waives any immunity under Industrial Insurance, Title 51 RCW, and acknowledgrs that this waiver has been mutually negotiated by the parties. 7. The Grantor also covenants to the City that Grantor is lawfully seized and possossed ot'the land aforesaid; has a good and lawful right and power to sell and convey same;that same is free and clear of rncumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. 8. The rights and obligations of the Grantor and City herein shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. 9. Following the construction, reconstruction, maintenance or repair of the aforesaid waterline, the City agrees to restore the Grantor's property in a condition equal to or greater than it was prior to said construction, reconstruction, maintenance or repair. Easenen[, Paqe 4 (Etb-951 ��`�,1�� s � �'i, � - VCL. v2 � � PaGE �� JJ