|
7
<br /> general, special or consequential damages, losses, or potential losses,through any and all
<br /> actions or causes of action of any nature whatsoever,whether known or unknown,
<br /> foreseen or unforeseen, at law or in equity or by statute,that District now has or that may
<br /> subsequently accrue to District,that arise from or relate to stormwater flowing into, over,
<br /> under, through, across, or from the District Property,provided,however,that this release
<br /> shall not be effective to the extent that the claim, demand, debt, guarantee, liability,
<br /> obligation, lien, damage, loss or potential loss is attributable to the negligence or
<br /> intentional misconduct of the City, its agents or employee. Subject to the limitation set
<br /> forth in the preceding sentence,this release includes without limitation release of any
<br /> claim arising from or relating to any stormwater damage to the District Property, any
<br /> stormwater damage to improvements on the District Property or any stormwater damage
<br /> to any other property on the District Property.
<br /> 2. Indemnification. To the maximum extent permitted by law, the District
<br /> will indemnify and hold harmless the City and all of its officers, employees, and agents
<br /> from all claims, demands, suits, actions, losses (including without limitation attorneys'
<br /> fees and costs), and liability of any kind,to the extent arising from or relating to
<br /> stormwater flowing into, over, under,through,across,or from the District Property,
<br /> provided,however,that nothing in this Agreement shall require the District to indemnify
<br /> the City for that portion of any such claim, demand, suit, action,loss or liability
<br /> attributable to the negligence or intentional misconduct of the City, its agents and
<br /> employees. Subject to the limitation set forth in the preceding sentence, this obligation
<br /> includes without limitation indemnification against any property damage claim of any
<br /> third party arising from or relating to stormwater leaving the District Property. This
<br /> District agrees that its obligations under this Section 2 extend to any claim, demand, or
<br /> cause of action brought by, or on behalf of,any of its employees or agents, and for that
<br /> purpose the parties specifically waive, with respect to each other only, any immunity
<br /> under RCW Title 51.
<br /> 3. Avoidance of Doubt Regarding"Negligence or Intentional Misconduct."
<br /> For the purpose of avoidance of doubt,the District and the City agree that the following
<br /> in no circumstances are"attributable to the negligence or intentional misconduct of the
<br /> City, its agents, or employees" as that phrase is used in Sections 1 and 2 above:
<br /> a. any dumping or other release of hazardous materials on Grant
<br /> Drive or Scenic Drive or other City right of way or other City property or any property
<br /> draining to such right of ways or property,when the dumping or release is not authorized
<br /> by the City and is by the public or other persons not the City or the City's agents or
<br /> employees; and
<br /> b. any erosion or property damage resulting from infiltration or
<br /> surface flows from the District's System
<br /> 4. Indemnity Regarding System Design. The District acknowledges that the
<br /> District is solely responsible for the selection of the design of the stormwater system on
<br /> District property. To the maximum extent permitted by law and in addition to its other
<br /> 1 029
<br />
|