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Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
<br />harmless State, its employees, officers, and agents from any and all liability, damages,
<br />expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or
<br />judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
<br />Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
<br />licensees, or permittees, including but not limited to the use, storage, generation, processing,
<br />transportation, handling, disposal, release, or threatened release of any hazardous substance or
<br />materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
<br />indemnify State from State's sole or concurrent negligence. This indemnification shall survive
<br />the expiration or termination of the Easement. Grantee waives its immunity under Title 51
<br />RCW and under RCW 36.75.300 to the extent required to indemnify State.
<br />Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
<br />shall obtain and keep in force during the term of this Easement and require its contractors,
<br />sub -contractors, or other permittees (with the exclusion of the Public Permittees) to obtain
<br />while operating on the Easement Area, the following liability insurance policies, insuring
<br />Grantee against liability arising out of its operations, including use of vehicles. Failure to buy
<br />and maintain the required insurance may result in the termination of the Easement at State's
<br />option. The limits of insurance, which may be increased by State, as deemed necessary, shall
<br />not be less than as follows:
<br />(a) Commercial General Liability(CGL) insurance with a limit of not less than
<br />$1,000,000 per each occurrence. If such CGL insurance contains aggregate
<br />limits, the general aggregate limits shall be at least twice the "each occurrence"
<br />limit, and the products -completed operations aggregate limit shall be at least
<br />twice the "each occurrence" limit.
<br />(b) Employer's liability ("Stop Gap") insurance, and if necessary, commercial
<br />umbrella liability insurance with limits not less than $1,000,000 each accident
<br />for bodily injury by accident or $1,000,000 each employee for bodily injury by
<br />disease.
<br />(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella
<br />liability insurance with a limit of not less than $1,000,000 per accident, with
<br />such insurance covering liability arising out of "Any Auto". Business auto
<br />coverage shall be written on ISO form CA 00 01, or substitute liability form
<br />providing equivalent coverage. If necessary the policy shall be endorsed to
<br />provide contractual liability coverage and cover a "covered pollution cost or
<br />expense" as provided in the 1990 or later versions of CA 00 01. Grantee
<br />waives all rights against State for the recovery of damages to the extent they
<br />are covered by business auto liability or commercial umbrella liability
<br />insurance.
<br />3 of 17 Easement No. 50-103249
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