10611 EVERGREEN WAY KLEIN HONDA 2022-10-27

EASEMENT 7. Grantor does release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the above-described easement. This paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, employees and agents; provided, that if the claims or damages are caused by or result from the concurrent negligence of(a) the Grantor, its agents, successors or assigns, and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law, The Grantor specifically and expressly waives any immunity under Industrial Insurance. Title 51 RON, and acknowledges that this waiver has been mutually negotiated by the parties. ff. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power to sell and convey same; that same is free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. 9. The rights and obligations of the Grantor and City shall inure to the benefit of and be binding upon their respective heirs,successors and assigns. Executed as of the date hereinabove set forth.