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a <br /> 5. Grantor does release, indemnify and promise to defend and save harmless City, <br /> its officers, employees and agents from and against any and all liability, loss, damage, <br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the <br /> City, its officers, employees and agents in defense thereof, asserting or arising directly or <br /> indirectly on account of or out of Grantor's use or activity within the above-described <br /> easement. This paragraph does not purport to indemnify City against liability for damages <br /> arising out of bodily injury to persons or damages to property caused by or resulting from the <br /> sole negligence of City, its officers, employees and agents; provided, that if the claims or <br /> damages caused by or result from the concurrent negligence of (a) the Grantor, its agents, <br /> successors or assigns, and (b) City, its officers, employees or agents, this indemnity provision <br /> shall be valid and enforceable to the extent permitted by law. The Grantor specifically and <br /> expressly waives any immunity under Industrial Insurance, Title 51 RCW, and acknowledges <br /> that this waiver has been mutually negotiated by the parties. This indemnity obligation shall <br /> survive the termination or expiration of this Easement. <br /> 6. The City does release, indemnify and promise to defend and save harmless <br /> Grantor, its officers, employees and agents from and against any and all liability, loss, <br /> damage, expense, actions and claims, including costs and reasonable attorney's fees incurred <br /> by the Grantor, its officers, employees and agents in defense thereof, asserting or arising <br /> directly or indirectly on account of or out of the City's use or activity within the above- <br /> described easement. This paragraph does not purport to indemnify Grantor against liability <br /> for damages arising out of bodily injury to persons or damages to property caused by or <br /> resulting from the sole negligence of Grantor, its officers, employees and agents; provided, <br /> that if the claims or damages caused by or result from the concurrent negligence of (a) the <br /> City, its agents, successors or assigns, and (b) Grantor, its officers, employees or agents, this <br /> indemnity provision shall be valid and enforceable to the extent permitted by law. The City <br /> specifically and expressly waives any immunity under Industrial Insurance, Title 51 RCW, <br /> and acknowledges that this waiver has been mutually negotiated by the parties. This <br /> indemnity obligation shall survive the termination or expiration of this Easement. <br /> is <br />