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I <br /> • T <br /> t <br /> t NOW, THEREFORE, the Owner agrees as follows: <br /> 1. In consideration of the City granting the variance, and without which <br /> the City would not grant the variance, the Owner agrees to defend, indemnify arid <br /> save harmless the City, Its appointed arid elective officers, employees and agents <br /> from and against all loss of expense including, but not limited to, judgments, <br /> settlements, attorney's fees and costs by reason of any and all claims and demands <br /> upon the City, its elected or appointed offs •ers or employees or agents, for <br /> damages because of bodily injury, including death, at any time resulting therefrom, <br /> sustained by any person or persons and on account of damage to property, including <br /> loss of use thereof, arising out of or in consequence of the City granting Owner the <br /> variance. All references to indemnification include, but are not limited to <br /> attorney's fees and court costs. However, this pnragraph docs not purport to <br /> indemnify the City ngcinst liability for damages arising out of bodily injury to <br /> persons or damages to property caused by or resulting from the sole negligence of <br /> the City, its officers, agents and employees. <br /> 2. Owner agrees that the rights and obligations of this Agreement are <br /> binding on his respective heirs, successors or assigns and shall run with the land. <br /> Otn <br /> O WN EIt i <br /> STATE OF WASHINGTON ) <br /> ss. <br /> COUNTY OF SNOIIOMISIi ) <br /> On this L�k day of < 19�, before me <br /> personally appeared J 4,l> to me known <br /> to be the individual that executed bt a foregoing instrument, and acknowledged the <br /> foregoing Instrument to be his free and voluntary act and deed, for the uses and <br /> purposes therein sl ited. <br /> 1N WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official <br /> seal, the day and year first above written. <br /> —_(t <br /> NOTARY PUDI' C n n fo the State o ' <br /> Washington, residing at <br /> 48101 9 () 232 VUL ? 181PAGE 1047 <br /> -2- <br />