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