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EASEMENT <br /> purport to indemnify the City or the Grantor against liability for damages arising out of bodily <br /> injury to persons or damages to property caused by or resulting from the sole negligence of, <br /> respectively, the City or the Grantor, its officers, employees and agents; provided, that if the <br /> claims or damages are caused by or result from the concurrent negligence of(a) the Grantor, its <br /> agents, successors or assigns, and (b) the City, its officers, employees or agents, the parties' <br /> respective responsibilities shall be allocated by their respective degrees of fault. The Grantor <br /> and the City specifically and expressly waives any immunity under Industrial Insurance, Title 51 <br /> RCW, and acknowledges that this waiver has been mutually negotiated by the parties. <br /> 6. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of <br /> the land aforesaid; has a good and lawful right and power to sell and convey same; that same is <br /> free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant <br /> and defend the title to said easement and the quiet possession thereof against the lawful claims <br /> and demands of all persons whomsoever. <br /> 7. The rights and obligations of the Grantor and City shall inure to the benefit of and be <br /> binding upon their respective heirs, successors and assigns. <br /> 8. In the event that a dispute under this Easement arises between the parties, both parities <br /> agree to work diligently and expeditiously to resolve that dispute. If a dispute arises, at the <br /> request of one party, both parties shall meet, within three (3) days to discuss the substance of the <br /> issue(s) in dispute. In the event that the parties are unsuccessful in resolving the dispute(s)at the <br /> initial meeting, within three (3) days thereafter, the Grantor's Director of Engineering, or his <br /> designee, and the City's Director of Public Works, or his designee, shall meet to discuss the <br /> substance of the issue(s) in dispute. If the parties are unsuccessful in resolving the disputed <br /> issue(s) as this subsequent meeting,the parties agree to engage the services of a mediator who is <br /> mutually acceptable and participate in mediation within twenty (20) days of the subsequent <br /> 4 <br /> 5 <br />