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v <br /> � ` <br /> *'t <br /> depicted in the map in the attached Exhibit S-1. This portion is referred to as the "Excess <br /> Easement Area." <br /> D. The City has agreed to release the Excess Easement Area from the <br /> Easement as set forth in this Partial Release of Easement. <br /> AGREEMENTS <br /> 1. The City hereby releases its Easement interest in the Excess Easement Area <br /> and hereby conveys and quit claims its Easement interest thereto to the Port. The City's <br /> Easement with respect to the remaining Easement Area remains unchanged. <br /> 2. The Port hereby accepts the Excess Easement Area "AS IS", "WHERE IS" <br /> and "WITH ALL FAULTS", and the City expressly disclaims all warranties, express or <br /> implied,relating to the condition,habitability, quality,value, suitability for development or <br /> any other characteristics of the Excess Easement Area. <br /> � 3. The Port agrees to hold harmless and indemnify the City, its officers, <br /> employees, and agents from any and all claims for damages, demands, or causes of action, <br /> whether to persons or properiy,that are in any manner incident to the Excess Easement Area. <br /> [REMAINDER OF PAGE BLANK; SIGNATURES APPEAR ON FOLLOWING <br /> PAGES] <br /> 2 <br />