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)