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NOW, THEREFORE, the Owner agrees as follows: <br />1. In consideration of the City granting the variance, and without which <br />the City would not grant the variance, the Owner agrees to defend, indemnify and <br />save harmless the City, its appointed and elective officers, employees and agents <br />from and against all loss of expense including, cut not limited to, judgments, <br />settlements, attorney's fees and costs by reason of any and all claims and demands <br />upon the City, its elected or appointed officers or employees or agents, for <br />damages because of bodily injury, including death, at any time resulting therefrom, <br />sustained by any person or persons and on account of damage to property, including <br />loss of use thereof, arising out of or in consequence of the City granting Owner the <br />variance. All references to indemnification include, but are not limited to <br />attorney's fees and court costs. However, this paragraph does not purport to <br />indemnify the City against liability for damages arising out of bodily injury to <br />persons or damages to property caused by or resulting from the sole negligence of <br />the City, its officers, agents and employees. <br />2. Owner agrees that the rights and obligations of this Agreement are <br />binding on his respective heirs, successors or a -signs and shall runwith the land. <br />STATE OF WASHINGTON ) <br />ss. <br />COUNTY OF SNOHOMISH ) <br />On this �% Ni day of G , 19 SJ , before me <br />personally appeared lepM0W1+ /JD4U14d to me known <br />.- <br />to be the individual that executed the foregoing instrument, and acknowledged the <br />foregoing instrument to be his free and voluntary act and deed, for the uses and <br />purposes therein stated. <br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official <br />seal, the day and year first above written. <br />Washington, residing at 4/ 91 !"twu v <br />-2- <br />