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6. Grantor does release, indemnify and promise to defend :nd sava <br /> harmless the City, its officere, employees and agenta from and agains: any and <br /> all liability, loss, damage, expense, actions and claims, including coate ,and <br /> reasonable attornay's fees incurred by the City, its officers, employeas and <br /> agents in defanse thereof, asaerting or arising directly or indiractly on <br /> account of or out of Grantor's use or activity on/in the abova-described <br /> easement; provided, however, this paragraph does not purport to indamnify tha <br /> City against liability for damages ari3ing out of bodily injury to parsons or <br /> damages to property caused by or resulting from the sole negligence of the <br /> City, its officers, employees and agents. <br /> 7, The Grantcr also covenants to and with the City that Grantor is <br /> lawfully saized and possessed of tha land aforasaid; has a good and lawful <br /> right and power to sell and convay same; that same is frea and clear of <br /> encumbrancas, except as above indicated; and that Grantor will forever warrant <br /> and defend the title to said easement and the quiet posaesslon thereof against <br /> the lawful claims and demands of all persons whom3oever. <br /> S. Grantor agreas that the rights and obligations of tha Grantor and City <br /> ahnll inure to tha benefit of and be binding upon their respective heira, <br /> successors and assigns. ' <br /> 9. Further, parties to the easement do hereby agree that the cuvenant for <br /> the herein dascribed property recorded under Snohomish County AudiXor Fila No. <br /> # on the __ day of , 19 _ is hereby <br /> terminated in its entiraty and superceded by the tarma and conditions of this <br /> easement. <br /> -4- <br /> �:: li e O � 04 �� VOI. � Ss�PAGE `L"�E7 <br /> �So, <br />