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HomeMy WebLinkAboutPC-Hold_HarmlessINDEMNIFICATION AND HOLD HARMLESS AGREEMENT (Contractors and Agencies With Subcontractors) Grantee releases and shall defend, indemnify and hold harmless Auburn, its heirs, successors, and assigns, and the respective directors, officers, employees, contractors, and agents of Auburn and its heirs, successors, and assigns (collectively referred to as the "Indemnitees") from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising (whether before or after termination of the Term) out of or in connection with performance of this right-of-way permit, the enforcement of this permit by Auburn, any default under or breach of this permit by Grantee or the acts or omissions of Grantee or any of its suppliers or subcontractors of any tier, the respective successors and assigns of Grantee or any such suppliers or subcontractors, the directors, officers, employees and agents of each of the foregoing, or anyone acting on Grantee's behalf in connection with this permit. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless shall apply regardless of any act, omission, fault, negligence or strict liability of the Indemnities; provided, however, that Grantee shall not be required to so indemnify any Indemnitee(s) against any claim, loss, cost, liability, damage or expense to the extent the same is caused by or results from the negligence of any Indemnitee(s). In connection with any action to enforce this indemnification, Grantee waives any immunity, defense, or protection under any workers' compensation, industrial insurance or similar laws (including, but not limited to, the Washington Industrial Insurance Act, Title 51, of the Revised Code of Washington). Auburn is willing to grant this permit only in consideration of and in reliance upon such release, indemnity and hold harmless. Consequently, such release, indemnity and hold harmless shall be construed broadly in favor of the Indemnitees. DATED THIS DAY OF , 20 SIGNATURE OF APPLICANT COMPANY OR ORGANIZATION STATE OF WASHINGTON) ) ss. County of ) On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as a free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 20 NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT MY COMMISSION EXPIRES REF. HAFORMSTE166 (4/00)