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The Grantor reserves the right to use said easement for purposes which will not <br /> interfere with the Grantee's full enjoyment of the rights herein conveyed. <br /> 7. Hold Harmless Clause: <br /> Except as otherwise provided in this paragraph, the Grantee hereby agrees to defend <br /> and indemnify the Grantor from any and all Claims arising out of, in connection with, <br /> or incident to any acts, errors, omissions, or conduct by Grantee (or its employees, <br /> agents, representatives subcontractors/subconsultants)relating to this Agreement. The <br /> Grantee is obligated to defend and indemnify the Grantor pursuant to this paragraph <br /> whether a Claim is asserted directly against the Grantor, or whether it is asserted <br /> indirectly against the Grantor, e.g., a Claim is asserted against someone else who then <br /> seeks contribution or indemnity from the Grantor. The Grantee's duty to defend and <br /> indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, <br /> insurance obtained by, obtainable by, or required of the Grantee. The Grantee shall <br /> not indemnify the Grantor for Claims caused solely by the negligence of the City. If <br /> (1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage <br /> to property for which the Grantee is to indemnify the Grantor is caused or results <br /> from the concurrent negligence of (a) the Grantee, its employees, <br /> subcontractors/subconsultants or agents and (b) the Grantor, then the Grantee's duty <br /> to indemnify shall be valid and enforceable only to the extent allowed by RCW <br /> 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend <br /> the Grantor, the Grantee specifically waives any immunity it may have under the <br /> State Industrial Insurance Law, Title 51 RCW. The Grantee recognizes that this <br /> waiver of immunity under Title 51 RCW was specifically entered into pursuant to the <br /> provisions of RCW 4.24.115 and was the subject of mutual negotiation. As used in <br /> this paragraph: (1) "Grantor" includes the City's officers, employees, agents, and <br /> representatives and (2) "Claims" include, but is not limited, to , any and all losses, <br /> claims, demands, expenses ) including, but not limited to, attorney's fees and <br /> litigation expenses), suits,judgments, or damage, irrespective of whether the damage <br /> alleged is bodily injury, damage to property, economic loss, general damages, special <br /> damages, or punitive damages. If, and to the extent, Grantee employs or engages <br /> subconsultants or subcontractors, then Grantee shall ensure that each such <br /> subconsultant and subcontractor (and subsequent tiers of subconsultants and <br /> subcontractors) shall expressly agree to defend and indemnify the Grantor to the <br /> extent and on the same terms and conditions as the Grantee pursuant to this <br /> paragraph. <br /> 8. Insurance: <br /> Prior to Grantee's construction activities or other activities on the Grantors property <br /> under the rights provided herein, Grantee shall submit to Grantor a certificate of <br /> insurance that Grantee or Grantee's contractors has obtained commercial general <br /> liability coverage naming the Grantor as an additional insured (including broad form <br /> contractual liability coverage) satisfactory to Grantor with limits no less than the <br /> following: <br /> 3 <br />