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Filed for Record 03131/202211:41:10 AM - Kittitas County, WA Auditor - 202203310018 page 3 of 15
<br />Indemnity. Grantee shall indemnify, defcnd with counsel acceptabie to State, and hold
<br />harrnless State, its employees, officers; and agents from any and ail liabiliiy, damages,
<br />expenses, causes of action, suits, claims, costs, fees (including attomey's fees), penalties, or
<br />judgments, ofany naturc.whatsoever, arising out ofthe usq occupation, or control ofthe
<br />Easement Arca by Crantee, its contractorE subcontractors, invitees, agsnts, employees,
<br />licensees, or permittees, including but not lirnited to the use, storage, generation, proc.essing,
<br />transportation, handling, disposal, release, or threatened release ofany hazardous substance or
<br />materials. To the extent that RCW 4.24.115 applies, Grante,e shall not be required to
<br />indemnify Stats from State's sole or concurrent negligencc. This indemnifrcation shall survive
<br />the cxpiration or tennination of the Eesement Grantee waives its immunity undcr Title 5l
<br />RCW and under RCW 36.75.300 to the extent requiied to indcmnify State.
<br />Insurance. Before using any of said rights granted heroin and at its own expense, the Crantee
<br />shall obtain and keep in force during the term ofthis Easernent and require its oontractors,
<br />suh.contractors, or other permittees (with the exclusion of the Public Permittees) to obtain
<br />while operating on the Easement Area, the following liabilitt insurancc policics, insuring
<br />Grantee against liability arising out of its operations, including use of vehicles. Failure to buy
<br />and maintain the required insurancc may rosult in the termination ofthe Easement at State's
<br />optictn. The limits of insurance, which may be increased by State, as deemed necessary, shall
<br />not be less than as follows:
<br />(a) Cqmmercial Ceneral Liabilitv (CGL'\ insurance- with a limit of not less than
<br />$1,000,000 per each occurence, If such CGL insurance contains aggregate
<br />Iimits, the general aggregate limits shall be at least twice the "each occurrenca"
<br />limit, and the products-completed operations aggrcgate limit shall be at least
<br />twice the "eaih ocourrence" limit.
<br />(b) Employgr's liabilitv ("Stop Gap'\ insurance, and ifnecessary, comrnercial
<br />umbrelle 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 bodity injury by
<br />disease.
<br />(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrelta
<br />liabilify insurance with a limit of not less than $1,000,000 pcr accideng with
<br />suoh insurance covering liabilhy arising out of 'rAny Auton. Business auto
<br />coverage shall be written on ISO form CA 00 01, or substitute liability form
<br />providing equivalent coverage. Ifnecessary ihc polioy shall be endorsed to
<br />provide contractual liability coverage and cover a "covcred pollution cost or
<br />expenscn'as provided in thc 1990 or latcr versions of CA 00 01. Grantee
<br />waives all rights against State for the recovery of damagcs to the extent they
<br />are covered by business auto liability or commercial umbrella liability
<br />insurance.
<br />3 oflT Easemedt No. 5G103249
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