2009/04/29 Council Agenda Packet

7 PARKING LOT EASEMENT contractors, licensees, invitees, employees, or any person whomsoever arising out of or in connection with any acts or activities related to this deed. The Grantee further agrees to defend the Grantor and its agents or employees in any litigation, including payment of any costs or • attorney's fees, for any claims or action commenced, arising out of or in connection with acts or activities related to this deed. This obligation shall not include such claims, cost, damages, or expenses which may be caused by the sole negligence of either Grantor or its authorized agents or employees,provided that if the claims or damages are caused by or result from the concurrent negligence of(a)the Grantor, its agents or employees and(b)the Grantee, its agents or employees, or involves those actions covered by RCW 4.24.115,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or Grantee's agents or employees. This easement shall run with the land and shall benefit Sound Transit, its successors and assigns. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon Central Puget Sound Regional Transit Authority unless and until accepted and approved hereon in writing for Central Puget Sound Regional Transit Authority,by its Executive Director, Link Light Rail. Dated this day of , 2009 • • • 2 6 6