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The undersigned agrees that the Port of Seattle, its Commissioners, officers, agents, and <br />employees (hereafter, collectively, the "Port"), shall not be liable for any injury (including death) <br />to any persons or for damage to any property sustained, or alleged to have been sustained, as a <br />result or in connection with City removing plants and trees from Port property during December, <br />1994 <br />The City shall indemnify, defend and hold harmless the Port, its officers, agents and employees, <br />from and against any and all claims, losses or liability, including attorney's fees, arising from <br />injury or death to persons or damage to property occasioned by any act, omission or failure of the <br />City, its officers, agents and employees, in performing the work in this Agreement. This <br />paragraph shall not apply to any damage resulting from the sole negligence of the Port, its agents <br />and employees. To the extend any of the damages referenced by this paragraph were caused by or <br />resulted from the concurrent negligence of the Port, its agents or employees, this obligation to <br />indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence <br />of each party <br />The undersigned shall provide insurance in the amount and of such kind as the Port may require. <br />VI, 4 <br />portagre <br />Rants, Mayor <br />HOLD HARMLESS AGREEMENT <br />1Y <br />P61 <br />Date <br />