9424 18TH AVE W 2018-01-02 MF Import

the City for any and all costs incurred by the City in removing the improvements. This right is in addit�on to any other right the City may have at law or in equity. 6. Grantor does release, indemnify and promise to defend and save liarmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, ircluding costs and reasonable attorney's fees incurred by the City, its officers, employees and aoents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the �bove-described easement. This paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to perscns or damages to property caused by or resulting from the sole negligence of the City, its officers, employees and agents; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, and (b) ihe City, its officers, employees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law. The Grantor specifically and expressly waives anv immunity under Industrial insurance. Title 51 RCW and acknowledqes that this waiver has been mutuallv neqotiated bV the parties. 7. The Grantor also covenants to the City that Grantor is la�nrfully seized and possessed of the land aforesaid; has a good and lawful right and power to seli and convey same; that same is free and claar of encumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement H�\Documents1204000\204157\coeuttl doc