9530 18TH AVE W 2016-01-01 MF Import

the City for any and all costs Incurred by :he City in removing the improvements. This right is in addition to any other right the City may have �t Iaw or in equity. 6. Grantor does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expei��e, actions and claims, ircluding costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the above-described easement. This parayraoh does not purporl to indemnify the City against liability for damages arising out of bodily injury to persons or damages to proper!y caused by or resulting from the sole negligence of the City, its o�cers, employees and agents; provided, that if the claims or darr�ages are caused by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law. The Grantor specificallv and expressiv 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 lawfully seized and possessed of the land afuresaid; has a good and lawful right and power to sell and convey same; that same is free and clear of encumbrances, sxcept as above indicated; and that Vrantor will forever warrant and defend the title t� said easement H:\Documents�2040001204157\coeutil.doc