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All references to indemnification include, but are not limited to attorney's <br />fees and court costs. However, this obligation shall not include such <br />claims, costs, damages or expenses caused by the negligence of the City, <br />its officers, employees or agents. Provided, if the claims or damages are <br />caused by or resulting from the concurrent negligence of the City, its <br />officers, employees or agents and the Owner or Owners' agents, this <br />indemnity provision shall be valid and enforceable to the extent of the <br />Owner or its agents. The Owner specifically and expressly waives any <br />immunity under Industrial Insurance, Title 51 RCW. <br />2. Owner agrees to provide the City and its agents access to Owner's <br />property described above for purposes of installing, maintaining, <br />reconstructing, operating, repairing and inspecting the backflow <br />prevention assembly, including all appurtenances attached thereto. <br />3. Owner agrees that the rights and obligations of this Agreement are <br />binding on his/her respective heirs, successors or assigns and shall run <br />with the land. <br />4. Owner agrees that the aseemhly is the pruperty of the City and the Owner <br />also agrees not to alter the assembly. <br />5. Owner agrees to test the assembly, including reporting of test results to <br />the City at least annually, and to make any needed repairs at owner's <br />expense. <br />Executed as of the date hereinabove set forth. <br />OWNER <br />Individual <br />9, <br />41 1 �a � <br />Representative/Corporate <br />Title:( <br />VOL. 3137PAGE 2812 <br />