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any and all liability, loss, damage, expense, actions and claims, including costs and reasonable
<br /> attorney's fees incurred by the City, its officials, officers, employees and agents in defense thereof,
<br /> asserting or arising directly or indirectly on account of or out of Grantor's use or activity within
<br /> the above-described Easement. Subject to Section 6.B below, the City does release, indemnify
<br /> and promise to defend and save harmless the Grantor, its officers, employees, agents, successors,
<br /> assigns and lessees of the property across which the Easement extends from and against any and
<br /> all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's
<br /> fees incurred by the Grantor, its officers, employees, agents, successors, assigns and lessees of the
<br /> property across which the Easement extends in defense thereof, asserting or arising directly or
<br /> indirectly on account of or out of the City's use or activity within the above-described Easement.
<br /> This paragraph does not purport to indemnify the City or the Grantor against liability for damages
<br /> arising out of bodily injury to persons or damages to property caused by or resulting from the sole
<br /> negligence of, respectively, the City or the Grantor, its officers, employees, agents successors,
<br /> assigns and lessees of the property across which the Easement extends; provided, that if the claims
<br /> or damages are caused by or result from the concurrent negligence of(a) the Grantor, its agents,
<br /> successors, assigns or lessees, and (b) the City, its officers, employees or agents, the parties'
<br /> respective responsibilities shall be allocated by their respective degrees of fault. The Grantor and
<br /> the City specifically and expressly waives any immunity under Industrial Insurance,Title 51 RCW,
<br /> and acknowledges that this waiver has been mutually negotiated by the parties.
<br /> B. The indemnification, defense, and hold harmless obligations under Section 6.A
<br /> above are not applicable to any liability, loss, damage, expense, actions or claims arising from or
<br /> relating to any release, discharge or placement of any Hazardous Substance. The City and
<br /> Grantor's obligations regarding Hazardous Substances are as set forth in their unrecorded
<br /> Hazardous Substance Indemnification Agreement dated July 14, 2014. As used hereunder, the term
<br /> "Hazardous Substance" shall mean (i) any substance subject to regulation under the Washington
<br /> Hazardous Waste Management Act (chapter 70.105 RCW) as amended from time to
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