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EASEMENT <br />of the City, its officers, employees and agents; provided, that if the claims or damages are caused <br />by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, <br />and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and <br />enforceable to the extent permitted by law. The Grantor specifically and expressly waives any <br />immunity under Industrial Insurance, Title 51 RCW, 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 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 />8. 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 />9. Further, parties to the easement do hereby agree that the easement agreement filed for <br />record under Snohomish County Auditor File No. 9109170099 , dated June 27"', 1991, is hereby <br />superceded by this easement agreement. <br />Executed as of the date hereinabove set forth. <br />Signatures on following page(s) <br />