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6, Grantor does release, indemnify and promise to defend end se�e <br /> harmless the City, i?:s officers, employees and agents from and against any end <br /> all liability, loss, damage� expense, actions and claims, including casta and <br /> reasonable attorney's fees incurred by the City, its officera, employeea and <br /> agents in defenae thereof, asserting or arising directly or indiractly on <br /> account of or out of Grantor's use or activity on/in the above-deacribed <br /> easement; provided, however, this paragraph does not purport to indemnify the <br /> City against liability for damages arising out of bodily injury to parsons or <br /> damagas to property caused by or resulting from the sole negligence oY the <br /> City, its officers, employees and agents. <br /> 7, The Grantor also covenants to and with the City that Grantor is <br /> lawfully seized and possessed of the land aforesaid; has a good and lawful <br /> right and power to sell and convey same; that same is free and clear of <br /> encumbrances, except as above indicated; and that Grantor will forevar warrant <br /> and dafend the title to said easement and the quiet poss�ssion thereof against <br /> the lawful claims and demands of all persons whomsoaver. <br /> 8. Grantor agrees that the rights and obligations of the Grantor and City <br /> shall inure to the benefit of and be binding upon their respective helxs, <br /> successors and assigns. <br /> g, Furthar, parties to the e:isement do hereby agree that the covenant for <br /> the herein described property recorded under Snohomish County Auditor File No. <br /> lg � is heteby <br /> g on the day of ' <br /> terminated in ita entirety and superceded by the tezms and conditions of this <br /> easement. <br /> y�U501Q42� -4- <br /> VOI. 256"�PAGE`�7�� <br /> �5�� <br />