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1. Grantor shall at all times conduct its activities and all other activities conducted <br /> on Grantor's property so as not to interfere with, obstruct or endanger the usefulness of <br /> any improvements, or other facilities, now or hereafter maintained upon the easement, <br /> or in any way interfere with, obstruct or endanger the Grantee's use of the easement. <br /> 2. Grantee's construction, work or activity within the Easement shall be in <br /> conformance with all applicable plans, codes and regulations. Further, agreement by <br /> the City to such construction, work or activity shall not in any manner be considered as <br /> imposing any obligation, duty or liability upon the City as to the safety or propriety of <br /> such construction, work or activity. <br /> 3. Grantor hereby authorizes Grantee to cut, trim and remove any and all brush, <br /> trees, other vegetation or debris upon the easement and the right of access for such <br /> purposes. Grantor also authorizes the Grantee to cut, trim and remove any and all <br /> brush, trees, other vegetation and debris on Grantor's property which, in the Grantee's <br /> reasonable judgment, constitutes a hazard to the easement and the right of access for <br /> such purposes. <br /> 4. The Grantor agrees that title to all brush, trees, other vegetation or debris <br /> trimmed, cut and removed from the easement pursuant to this Agreement, and also all <br /> brush, trees, other vegetation or debris trimmed, cut and removed from Grantor's land <br /> pursuant to this Agreement is vested in the Grantee, and that the mutual consideration <br /> for conveying said easement and rights herein described is accepted as full <br /> compensation for all damages incidental to the exercise of any of said rights. <br /> 5. The Grantor covenants to the Grantee that Grantor is lawfully seized and <br /> possessed of the land aforesaid; has a good and lawful right and power to sell and <br /> convey same; and that Grantor will warrant and defend the title to said easement and <br /> the quiet possession thereof against the lawful claims and demands of all persons <br /> whomsoever. <br /> 2 <br />