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EASEMENT <br /> arising out of bodily injury to persons or damages to property caused by or resulting from the <br /> sole negligence of the City, its officers, employees and agents; provided, that if the claims or <br /> damages are caused by or result from the concurrent negligence of(a) the Grantor, its agents, <br /> successors or assigns, and (b) the City, its officers, employees or agents, this indemnity <br /> provision shall be valid and enforceable to the extent permitted by law. <br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br /> of the land aforesaid; has a good and lawful right and power to sell and convey same; that <br /> same is free and clear of encumbrances, except as above indicated; and that Grantor will <br /> forever warrant and defend the title to said easement and the quiet possession thereof against <br /> the lawful claims and demands of all persons whomsoever. <br /> 8. The rights and obligations of the Grantor and City shall inure to the benefit of and be <br /> binding upon their respective heirs, successors and assigns. <br /> Executed as of the date hereinabove set forth. <br /> GRANTOR: <br /> Ralph J. McCarty Family Limited Partnership <br /> -rte <br /> By: Rah.i J McCarty <br /> [Acknowledgement on following page] <br /> 4 <br />