10614 7TH AVE SE 2016-01-01 MF Import

6. Grantor does release, indemnify and promise to defend and szve harmless tite City, its of£icers, employees and agents from and against any end all liability, lo�s, damage, expense, actions and claims, including cosls and reasonablc ettorney's fees incurred by the City, its o�cers, �mployees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of rrantor's use or activity within the above described easement. This paragraph does not purport to indemnify the City against liability for damages arising oul of bodily injury to persons or damages to property caused by or resulting from the sole negiigence of tlie City, its of£icers, employees and agents; provided, that if the claims or damages are causcd by or result from rhe concurrent negligence of (a) the Grantor, its asents, successors or assigns, end (b) the City, its oE£icers, emp�oyees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law. The Grantor s ecificallv and exvresslv waives anv immunitv under Industrial lnsurance Tide Sl RCW and acknowled�es that �his waiver has been muWallv nerzotiated bv the parties. 7, 'fhe Grantor also eovenants to the City that Gr�otor 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 ebove indicated; and that Grantor will forever warrant and defend the tide to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. g. The rights and obligations of the Grantor and City herein shall inure to the 6enefit of and be binding upon their respective hei�s, successors and assigns. (F.b-93) EM1min�PnBe� � �,� � � � � � 5 �� a�. 32 :� � FacEG256 90d L00 i H1dON 3111H3S J9H9 NOSd3Hd�t/W 9959Zb590Z 9Z : [ l 9l—LO-5661