2105 100TH ST SE 2016-01-01 MF Import

6. Grantor does release, indemnify and promise to defend and save harmless the City, its o�cers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense tnereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the above described easement. This paragraph dues not purport to indemnify tl�e City against liability for damages arising out of bodily injury to persons 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 damage� 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 pPrmitted by law. The Grantor s�ecificallv and expressl�waives anv 'im uni under Indu,s�rial Insurance Title Sl RCW and acknowled¢es that this waiver has been mutuall�eeotiated bv the parties. 7. ;ie Grantor also covenants to 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 encumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. 8. The rights and obligations of the Grantor and City herein shall inure to the .,�efit of and be binding upon their respective heirs, successors and assigns. Bn3U �aU �'G I 739 E:uemrn4 P�6� � �5 �Q 2 00 3 56 (FeM93�