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6. Release,Hold Harmless,Indemnification,and Duty to Defend. Grantee
<br /> releases the Grantor from any and all claims resulting from damage or loss to its own
<br /> property and does covenant and agree at all times to indemnify, defend and hold harmless
<br /> the Grantor,its officers, agents and employees, from all claims,actions,suits,liability,
<br /> loss,costs,expense or damages of every kind and description(excepting only such
<br /> damages that may result from the sole negligence of the Grantor),that may accrue to,or be
<br /> suffered by,any person or persons or property or properties, including without limitation,
<br /> damage or injury to the public, Grantee, its officers,agents,employees,contractors,
<br /> invitees,tenants and tenants' invitees,licensees,arising from or relating to this Agreement
<br /> or to the construction,maintenance,operation or use of the Tie-Back Easement Area or the
<br /> Tie-Back Easement Improvements. If any such suit,action or claim is filed, instituted or
<br /> begun against the Grantor,Grantee shall,upon notice thereof from the Grantor,defend the
<br /> same at Grantee's sole cost and expense,and in case judgment shall be rendered against
<br /> the Grantor in any suit or action,Grantee shall fully satisfy the judgment within one
<br /> hundred and twenty(120)days after such suit,action or claim shall have been finally
<br /> determined,if determined adversely to the Grantor. If it is determined by a court of
<br /> competent jurisdiction that RCW 4.24.115 applies to any such suit,action or claim,then
<br /> Grantee's obligations under this Section 6 shall apply only to the extent allowed by RCW
<br /> 4,24.115. Solely and expressly for the purpose of its duties to indemnify and defend the
<br /> Grantor, Grantee specifically waives any immunity it may have under the State Industrial
<br /> Insurance Law,Title 51 RCW. Grantee recognizes that this waiver of immunity under
<br /> Title 51 was specifically entered into pursuant to the provisions of RCW 4.24.115 and was
<br /> the subject of mutual negotiation. This Section 6 survives any termination of this
<br /> Agreement.
<br /> 7. Insurance. For as long as this Agreement is in effect, Grantee shall obtain
<br /> and maintain in full force and effect,at its sole expense,insurance that protects the Grantor
<br /> from claims and risks of loss from perils that can be insured against under commercial
<br /> general liability("CGL") insurance policies in conjunction with:
<br /> A. construction,reconstruction, operation,repair,maintenance,
<br /> removal, use,or existence of the Tie-Back Easement Improvements;
<br /> B. activity of Grantee or its officers, agents,employees, contractors,
<br /> invitees,tenants and tenants' invitees or licensees within,or the use
<br /> or occupation of,the Tie-Back Easement Area; and
<br /> C. claims and risks in connection with and activity performed by or its
<br /> officers, agents,employees, contractors, invitees,tenants and
<br /> tenants' invitees or licensees by virtue of the rights granted under
<br /> this Agreement.
<br /> Tie-Back Easement and Agreement Page 4
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