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EASEMENT <br /> 6. Grantor dces release, indemnify and promise to defend and save harniless the Ciry, <br /> its o:ficers, employees and agents from and against any and all liability, loss, damage, <br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the <br /> Ciry, its officers, employees and agents in defense thereof, asserting or arising directly or <br /> indirectly on account of or out of Grantor's use or activity within the above-described <br /> easement. This paragraph dces not purport to indemnify the Ciry against liability for damages <br /> arising out of bodily injury to persons or damages to property caused by or resulting from the <br /> sole negligence of the Ciry, its officers, employees and agents; provided, that if the claims or <br /> damages are caused by or result from the concurrent negligence of(a) the Grantor, its agents, <br /> successors or assigns, and (b) the City, its officers, employees or agents, this indemnity <br /> provision shall be valid and enforceable to the eztent permitted by law. The Grantor <br /> specificallv and expresslv waives anv immuniry under Industrial Insurance, Title 51 RCW, and <br /> acknowledges that this waiver has been muC�ally ne�otiated by the arties. <br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br /> of the land aforesaid; has a good and lawful right and power to sell and convey same; that <br /> same is free and clear of encumbrances, except as above indicated; and that Grantor will <br /> forever warrant and defend the title to said easement and the quiet possession thereof against <br /> the lawful claims and demands of all persons whomscever. <br /> 8. The rights and obligations of the Grantor and City shail inure to the benefit of and be <br /> binding upon theirrespective heirs, successors and assigns. <br /> 9. Other: <br /> 4 <br /> 20010 > � `� , , � � s <br />