10101 19TH AVE SE SILVER LAKE EYE CARE CENTER 2018-01-02 MF Import

EASEM�NT hereby authorizes the City to ramove 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 costs 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, iYs officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense thereof, assertir.g 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 ar resulting from the sole negligence of the City, its o�cers, empioyees and agents, provided, that if the claims or damages ara caused by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, and (b) the City, its officers, empleyees or agents, this indemnity provision shail be valid and enforceable to the extent permitted by law. The Grantor snecificallv and exaresslv waives anv immunitv under Industrial Insurance. Title 51 RCW, and acknowledaes that this waiver has been mutuallv neaotiated bv the aarties. 7. The Grantor also covenants to 2he City that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right 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 defend the title to said �asement and the quiet possessior+ thereof against the lawFu! claims and demands of all persons whomsoever. 8. The rights and obligations of the Grantor and City shall inure to the benefit of and be binding upon their respectivE heirs, successors and assign�. 9. Other: �xecuted as of the date hereinafter set forth. AF200304 � 1 � 658 3/