|
9
<br /> arising out of or related to any such removal and relocation on the Property. Grantor or RDC
<br /> (as the case may be) shall pay the City for any and all costs incurred by the City in
<br /> effectuation such a removal and relocation of any such containers. This right is in addition to
<br /> any other right the City may have at law or in equity.
<br /> 6. Grantor and RDC release, indemnify and promise to defend and save harmless
<br /> the City, its officers, employees and agents from and against any and all liability, loss,
<br /> damage, expense, actions and claims, including costs and reasonable attorney's fees incurred
<br /> by the City, its officers, employees and agents in defense thereof, asserting or arising directly
<br /> or indirectly on account of or out of Grantor's and/or RDC's use or activity within the above-
<br /> described Easement. The City does release, indemnify and promise to defend and save
<br /> harmless the Grantor and RDC, their respective officers, employees, agents, successors,
<br /> assigns and any future lessees or sublessees of the Property under the RDC Lease from and
<br /> against any and all liability, loss, damage, expense, actions and claims, including costs and
<br /> reasonable attorney's fees incurred by the Grantor, RDC, or any of their respective officers,
<br /> employees, agents, successors, assigns and future lessees or sublessees of the Property under
<br /> the RDC Lease in defense thereof, asserting or arising directly or indirectly on account of or
<br /> out of the City's exercise of rights pursuant to this Agreement. This paragraph does not
<br /> purport to indemnify the City or the Grantor or RDC against liability for damages arising out
<br /> of bodily injury to persons or damages to property caused by or resulting from the sole
<br /> negligence of, respectively, the City, or the Grantor, or RDC, or their respective officers,
<br /> employees, agents successors, assigns or future lessees or sublessees of the property across
<br /> which the Easement extends; provided, that if the claims or damages are caused by or result
<br /> from the concurrent negligence of(a) the Grantor, its officers, agents, successors, assigns or
<br /> future lessees, RDC, its officers, employees, agents, assigns or sublessees, and/or(b) the City,
<br /> its officers, employees or agents, the parties' respective responsibilities shall be allocated by
<br /> their respective degrees of fault. The Grantor, RDC and the City specifically and_expressly
<br /> waives any immunity under Industrial Insurance, Title 51 RCW (but solely to the extent
<br /> necessary to give effect to this agreement), and acknowledges that this waiver has been
<br /> mutually negotiated by the parties.
<br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized of the land
<br /> on which the Easement is located; has a good and lawful right and power to grant to the City
<br /> the rights with respect to the Easement provided for by this Agreement; that except for.the
<br /> Lease in favor of RDC referred to in that certain Memorandum of Lease dated
<br /> , 2012 and recorded with the Auditor of Snohomish County, Washington
<br /> under Snohomish County Recording No. (hereinafter the "RDC
<br /> Lease"), the Easement is not subject to any liens or encumbrances inconsistent with this
<br /> Agreement; and that Grantor will forever warrant and defend the title to the Easement and the
<br /> quiet use of the City thereof in accordance with this Agreement against the lawful claims and
<br /> demands of all other persons whomsoever. RDC covenants to the City that RDC is lawfully
<br /> possessed of the Easement pursuant to the RDC Lease.
<br /> 8. The rights and obligations of the. Grantor, RDC and City shall inure to the
<br /> benefit of and be binding upon their respective heirs, successors and assigns. RDC shall give
<br /> EASEMENT AGREEMENT FOR WATERLINE pg.5
<br /> 44
<br />
|