1716 W MARINE VIEW DR PORT OF EVERETT 2018-01-01 MF Import

6. Grantor does release,indemnifi :�d promise to defend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attomey's fees incurred by the City, its otiicers, 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 paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from thF sole negligence of the City, its officers, employees and agents; provided, that if th�: claims or damages are caused by or result from the conc�irtent ne$ligence of (a) the Grantor, its a�ents, 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 s�ecificallv and expresslv waives anv immuniri mder industrial Insurance Title 51 RCW and acknowled es that this waiver has been mutuatlkneaotiated bv the oarties. 7. The Grantor also covenants to the Ciry that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawCvl riSht and power to sell and convey same; that same is free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and defcnd 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 snd assigns. EascmrnC Page 4 9s�2�.�� (Feb95) V�l. 312 4 PdGE 0� ��