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3. This construction agreement will become null and void on December 31,2017. <br /> 4. The City does release, indemnify and promise to defend and save harmless the Owner from <br /> and against any and all liability, loss, damage, expense, actions and claims, including costs <br /> and reasonable attorney's fees incurred by the Owner, asserting or arising directly or <br /> indirectly on account of or out of the City's use or activity within the herein described <br /> easement. This paragraph does not purport to indemnify the City or the Owner against <br /> liability for damages arising out of bodily injury to persons or damages to property caused by <br /> or resulting from the sole negligence of, respectively, the City or the Owner, its officers, <br /> employees and agents; provided, that if the claims or damages are caused by or result from <br /> the concurrent negligence of(a)the Owner, its agents, successors or assigns, and(b)the City, <br /> its officers, employees or agents, the parties' respective responsibilities shall be allocated by <br /> their respective degrees of fault. The Owner and the City specifically and expressly waives <br /> any immunity under Industrial Insurance, Title 51 RCW, and acknowledges that this waiver <br /> has been mutually negotiated by the parties. <br /> 5. The City shall, upon completion of construction of said project described herein, remove all <br /> debris and restore the surface of the property as nearly as possible to the condition <br /> immediately prior to the City's entry thereon. <br /> signatures on following page <br />