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7. The release, indemnification, defense, and hold harmless obligations under <br /> Section 6.A above are not applicable to any liability, loss, damage, expense, actions or <br /> claims arising from the City's negligent, willful, or intentional failure to obtain permission <br /> to conduct work or activity contrary to the promises set forth in Sections 1, 2 and 5 above <br /> which interferes with the Grantor's operations, or that of its agents, tenants, contractors, <br /> employees, assigns, and the like, or the performance of work by Longshoreman, that result <br /> in economic loss to the Grantor. <br /> 8. The Grantor also covenants to the City that Grantor is lawfully seized and <br /> possessed of the Easement Area; has a good and lawful right and power to grant this <br /> Easement; that the Easement Area is free and clear of encumbrances inconsistent with the <br /> Easement; and that Grantor will forever warrant and defend the title to the Easement and the <br /> quiet possession thereof against the lawful claims and demands of all other persons claiming <br /> by, through or under Grantor. <br /> 9. If the City should choose to abandon or cease to use the Easement or <br /> Easement Area for the uses permitted hereby, then the City shall give written notice to the <br /> Grantor. Grantor then may, at its option, terminate this Agreement and the rights of the <br /> parties hereunder by serving sixty(60)days' notice in writing on the City,in which case the <br /> Easement Improvements become the property of the Grantor, with Grantor accepting such <br /> improvements"AS-IS."Any waiver by Grantor of any default or defaults shall not constitute <br /> a waiver of the right to terminate the Easement, nor shall any waiver in any way affect <br /> Grantor's ability to enforce this Agreement. <br /> 10. The rights and obligations of the Grantor and City shall inure to the benefit <br /> of and be binding upon their respective heirs, successors and assigns. <br /> 11. In the event that a dispute under this Agreement arises between the parties, <br /> both parties agree to work diligently and expeditiously to resolve that dispute. If a dispute <br /> arises, at the request of one party, both parties shall meet, within three (3) days to discuss <br /> 7 <br />