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EASEMENT AGREEMENT
<br /> damage caused to said improvements from removal thereof. The District further agrees
<br /> to pay the City for any and all reasonable costs incurred by the City in removing the
<br /> improvements. This right is in addition to any other right the City may have at„taw or in
<br /> equity.
<br /> 5. Indemnification and Hold Harmless.
<br /> a. District's Indemnification of City. The District shall indemnify, defend and hold
<br /> harmless the City, its officers, appointed and elected officials, employees and agents,
<br /> from and against all claims, actions, suits, liability, loss, expenses, damages and
<br /> judgments of any nature whatsoever, including costs and reasonable attorneys' fees in
<br /> defense thereof, for injury, sickness, liability or death to persons or damage to property
<br /> or business, caused by or arising out of negligent or intentional acts, errors or omissions
<br /> of the District, its officers, officials, employees and/or agents arising directly or indirectly
<br /> on account of or out of the District's use or activity within the above-described Easement
<br /> Area; provided, that in the event of the concurrent negligence of the Parties, the Ditrict's
<br /> obligations hereunder shall apply only to the percentage of fault attributable to the District,
<br /> its officers, officials, employees and/or agents.
<br /> b. City's Indemnification of District. The City shall indemnify, defend and hold
<br /> harmless the District, its officers, appointed and elected officials, employees and agents,
<br /> from and against all claims, actions, suits, liability, loss, expenses, damages and
<br /> judgments of any nature whatsoever, including costs and reasonable attorneys' fees in
<br /> defense thereof, for injury, sickness, liability or death to persons or damage to property
<br /> or business, caused by or arising out of negligent or intentional acts, errors or omissions
<br /> of the City, its officers, officials, employees and/or agents arising directly or indirectly on
<br /> account of or out of the City's use or activity within the above-described Easement Area;
<br /> provided, that in the event of the concurrent negligence of the Parties, the City's
<br /> obligations hereunder shall apply only to the percentage of fault attributable to the City,
<br /> its officers, officials, employees and/or agents.
<br /> c. Waiver of Immunity Under Industrial Insurance Act. The indemnification
<br /> provisions of this Section are specifically intended to constitute a waiver of each Party's
<br /> immunity under Washington's Industrial Insurance Act, Title 51 RCW, as with respect to
<br /> the other Party only, and only to the extent necessary to provide the indemnified Party
<br /> with a full and complete indemnity of claims made by the indemnitor's employees. The
<br /> Parties acknowledge that these provisions were specifically negotiated and agreed upon
<br /> by them.
<br /> d. Survival. The provisions of this Section 5 shall survive the expiration or
<br /> termination of this Agreement with respect to any event occurring prior to such expiration
<br /> or termination.
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