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5. Damages: <br /> Any property of the Grantor damaged or destroyed by the Grantee incident to the <br /> exercise of the privileges herein granted shall be promptly repaired or replaced by the <br /> Grantee to the satisfaction of the Grantor. If so deemed by the Grantor, the Grantee <br /> shall promptly pay to the Grantor the cost of any reconstruction, replacement, repair, <br /> alteration or restoration or any other changes or repairs to Grantors facilities which the <br /> Grantor shall reasonably deem necessary by reason of the construction, use and <br /> maintenance of the improvements on the Grantors property. For the purpose of this <br /> paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor <br /> and service including overhead, in accordance with charges for transportation of <br /> workers, material, and equipment, storage expense of material and rental equipment. <br /> 6. No Warranty: <br /> Grantor does not warrant its title and ownership of said easement nor its right to convey <br /> and grant the rights and privileges herein provided and shall not be liable for defects <br /> thereto or failure thereof. <br /> 7. Non-Exclusive: <br /> This easement shall not be deemed an exclusive one nor shall the Grantor be prohibited <br /> from granting permission to others to occupy portions of the easement where such uses <br /> are not inconsistent with the easement granted to the Grantee. <br /> The Grantor reserves the right to use said easement for purposes which will not <br /> interfere with the Grantee's full enjoyment of the rights herein conveyed. <br /> 8. Hold Harmless Clause: <br /> Except as otherwise provided in this paragraph, the Grantee hereby agrees to defend <br /> and indemnify the Grantor from any and all Claims arising out of, in connection with, <br /> or incident to any acts, errors, omissions, or conduct by Grantee (or its employees, <br /> agents, representatives subcontractors/subconsultants) relating to this Agreement. The <br /> Grantee is obligated to defend and indemnify the Grantor pursuant to this paragraph <br /> whether a Claim is asserted directly against the Grantor, or whether it is asserted <br /> indirectly against the Grantor, e.g., a Claim is asserted against someone else who then <br /> seeks contribution or indemnity from the Grantor. The Grantee's duty to defend and <br /> indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, <br /> insurance obtained by, obtainable by, or required of the Grantee. The Grantee shall not <br /> indemnify the Grantor for Claims caused solely by the negligence of the City. If (1) <br /> RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to <br /> property for which the Grantee is to indemnify the Grantor is caused or results from <br /> the concurrent negligence of (a) the Grantee, its employees, <br /> subcontractors/subconsultants or agents and (b)the Grantor, then the Grantee's duty to <br /> indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. <br /> Solely and expressly for the purpose of its duties to indemnify and defend the Grantor, <br /> the Grantee specifically waives any immunity it may have under the State Industrial <br /> Insurance Law, Title 51 RCW. The Grantee recognizes that this waiver of immunity <br /> under Title 51 RCW was specifically entered into pursuant to the provisions of RCW <br /> 3 <br />