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NOW, THEREFORE, the Owner agrees as follows: <br />1. In consideration of the City granting the variance, and without which <br />the City would not grant the variance, the Owner agrees to defend, indemnify and <br />save harmless the City, its appointed and elective officers, employees and agents <br />from and against all loss of expense including, but not limited to, judgments, <br />settlements, attorney's fees and costs by reason of any and all claims and demands <br />upon the City, its elected or appointed officers or employees or agents, for <br />damages because of bodily injury, including death, at any time resulting therefrom, <br />sustained by any person or persons and on account of damage to property, including <br />loss of use thereof, arising out of or in consequence of the City granting Owner the <br />variance. All references to indemnification include, but are not limited to <br />attorney's fees and court costs. However, this paragraph does not purport to <br />indemnify the City against liability for damages arising out of bodily injury to <br />persons or damages to property caused by or resulting from the sole negligence of <br />the City, its officers, agents and employees. <br />2. Owner agrees that the rights and obligations of this Agreement are <br />binding on his respective heirs, successors or assigns and sF all ru ith the land. <br />i <br />NER <br />'�TAXX-OftASHINGTON ) <br />-Jr 41 9. :-00 7NTY 6F $NOHOMISH ) <br />�' .'o i'.9 ,' r //,14 <br />0" nis � day of L 19, before me <br />so�ally, peered /7t'il �. (�crc) SPI to me known <br />td.be the jnd'vidual that executed the foregoing instrument, and acknowledged the <br />to. oing in: t••ument to be his free and voluntary act and deed, for the uses and <br />purposes therein stated. <br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official <br />seal, the day and year first above written. <br />Washington, residing at %Y�¢ct/✓ !i <br />Commission Expires 11/1/96 <br />2925pa6E2002 <br />9406160381 -2- <br />