15 W MCGILL AVE 2018-01-02 MF Import

. EASEMENT therein without the written agreement of the City tingineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or constructed therein and hold the City, its officers, employees and agents harmless from damage caused to said improvements from removal thereof. Grantor further agrees to pay the City for any and all cocts incurred by the City in removing the improvements. This right is in addition to any other right the City may have at law or in equity. 6. Grantor does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liabiliry, loss, damage, expense, actions and ciaims, including costs and reasonable attomey's fees incutred by the City, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the above-described easement. This pa�•agraph does not purport to indemnify the City against liabiliry for damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, employees and agents; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law. The Grantor sQecificallv and exoresslv waives an�immunitv under Industrial Insurance Title 51 RCW and acknowledaes that this waiver has been mutuall�ne¢otiated bv the oarties. a 9�1�17�2'��