08-048 - Museum of Flight / King County - Pedestrian Bridge Easement

Browse Search

10. Other Compatible Uses. Each of the Parties granting an Easement to the County and the Public hereunder reserves the right to continue the current uses of its respective property interests and to commence new uses to the extent that such uses are compatible with the full enjoyment of the Easements and rights granted to the County and the Public herein. No fences or barriers of any kind shall be constructed or placed in the Easement areas, except as may be reasonably necessary to guide and control pedestrian traffic during non -use hours and during periods of maintenance and repair. 11. Liens If the County exercises its rights under Section 9.2 above, it shall, as between itself, on one hand, and the Museum, the Authority and the City, on the other hand, pay all costs and expenses it incurs for services, labor and material so as to prevent the imposition of liens against any property or interests of the Museum, the Authority or the City and any liens imposed against any property or interests of the Museum, the Authority or the City by reason of the acts or omissions of the County shall be promptly paid and discharged of record by the County. Nothing in this Section 11 shall modify or limit the rights of the County against the Museum under the Funding Agreement in the event the County exercises its rights under Section 9.2 above by reason of a default by the Museum. 12. Indemnification by the County To the fullest extent permitted by law, the County shall indemnify, defend and hold the other Parties, and their officers, directors, agents and employees, harmless from and against any and all losses, costs, claims, suits, liabilities, causes of action and expenses of any kind or nature (including reasonable attorneys' fees) arising out of, related to, or incurred by reason of the exercise of rights or the performance of obligations under this Easement Agreement by the County or its elected officials, employees, agents or contractors. The County's obligations under this Section 12 shall not include losses, costs, claims, suits, liabilities, causes of action and expenses to the extent arising from the negligence or willful misconduct of any of the other Parties. Nothing in this Section 12 shall modify or limit any indemnity obligations of the Museum to the County or the other Parties under the Ground Lease, the Airspace Lease or the Funding Agreement. 13. Amendment This Easement Agreement may not be modified, amended or terminated except by a written instrument signed by each of the Parties. 09901 -0001 /LEGAL 14102970.3 7