2715 15TH ST 2016-01-01 MF Import

6. Grantor does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and agains4 any and all liability, loss, damage, expense, actions and cl��:.ms, including costs and reasonable attomey's fees incurred by the City, its officers, employees ann agents in defense thereof, asserting or arising directly or indirectly on account of or out of Urantor'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 or res�lting from t}ie sole negligence of the City, i!s oEiicers, I employees and agents; provided, that if the claims or damages are caused by or result from the i i concurrent negligence of(a) the Grantor, its ager s, successors or assigns, and (b) the C�ry, its ofricers, employees or agents, this indemnity provision shall be valid and enforceable to the extent of the Grantor's negligence. The G_ rantor soecificallv and expressly waives any immunity under industrial irsurance�title Si RC�4', an�+ acknowled e¢ s that this wai�•er has bee,i mutu211k� neeotiated by the oarties. 7. The Grantor aiso covenants to and with the 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 er.cumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawfiil claims and demands of all persons whomsoever. $. The rig}its and obli�atians of the Grantor and City herein shall inure to the benefit of and be binding upon their respective heirs, successors and assigns. ! �sl V�L :� � `� � ?AGE � � � �1 O10 �2.p ?�� Fa.arnrn4 Page 4 Scptttnber IJ. 1996 �