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directly or indirectly on account of or out of Grantor's use or activity within the above-described <br /> Easement. Subject to Section 6.B below, the City does release, indemnify and promise to defend <br /> and save harmless the Grantor, its officers, employees, agents, successors, assigns and lessees of <br /> the property across which the Easement extends from and against any and all liability, loss, <br /> damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by <br /> the Grantor, its officers, employees, agents, successors, assigns and lessees of the property across <br /> which the Easement extends in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of the City's use or activity within the above-described Easement. This paragraph <br /> does not purport to indemnify the City or the Grantor against liability for damages arising out of <br /> bodily injury to persons or damages to property caused by or resulting from the sole negligence <br /> of, respectively, the City or the Grantor, its officers, employees, agents successors, assigns and <br /> lessees of the property across which the Easement extends;provided,that if the claims or damages <br /> are caused by or result from the concurrent negligence of(a) the Grantor, its agents, successors, <br /> assigns or lessees, and (b) the City, its officers, employees or agents, the parties' respective <br /> responsibilities shall be allocated by their respective degrees of fault. The Grantor and the City <br /> specifically and expressly waives any immunity under Industrial Insurance, Title 51 RCW, and <br /> acknowledges that this waiver has been mutually negotiated by the parties. <br /> B. The indemnification, defense, and hold harmless obligations under Section <br /> 6.A above are not applicable to any liability, loss, damage,expense,actions or claims arising from <br /> or relating to any release,discharge or placement of any Hazardous Substance. Grantor and City's <br /> obligations regarding Hazardous Substances are as set forth in that certain unrecorded Hazardous <br /> Substance Indemnification Agreement entered into by and between the Grantor and the City dated <br /> July 14, 2014. As used hereunder, the term "Hazardous Substance" shall mean (i) any substance <br /> subject to regulation under the Washington Hazardous Waste Management Act (chapter 70.105 <br /> RCW)as amended from time to time and regulations promulgated thereunder; (ii) any"hazardous <br /> 4 <br />