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agrees to pay the City for any and all costs incurred by the City in removing the improvements. <br />This right is in addition to any other right the City may have at law or in equity. <br />5. Prior to the City conducting any activity within the Easement Area, such as, but not <br />limited to, maintenance and repair work, it shall notify the Grantor in advance and obtain the <br />Grantor's written approval, which may contain conditions on hours and traffic control, and which <br />written approval shall not be unreasonably withheld or delayed. <br />6. Reserved. <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 grant the Access Easement; that <br />same is free and clear of monetary encumbrances, and that Grantor will forever warrant and defend <br />the title to the Access Easement and the quiet possession thereof against the lawful claims and <br />demands of all other persons whomsoever. <br />8. The rights and obligations of the Grantor and City shall inure to the benefit of and <br />be binding upon their respective heirs, successors and assigns. <br />9. In the event that a dispute. under this Agreement arises between the parties, both <br />parties agree to work diligently and expeditiously to resolve that dispute. If a dispute arises, at the <br />request of one party, both parties shall meet, within three (3) days to discuss the substance of the <br />issue(s) in dispute. In the event that the parties are unsuccessful in resolving the dispute(s) at the <br />initial meeting, within three (3) days thereafter, the Grantor's Director of Engineering, or his <br />designee, and the City's Director of Public Works, or his designee, shall meet to discuss the <br />substance of the issue(s) in dispute. If the parties are unsuccessful in resolving the disputed issue(s) <br />as this subsequent meeting, the parties agree to engage the services of a mediator who is mutually <br />acceptable and participate in mediation within twenty (20) days of the subsequent meeting or as <br />soon thereafter as the mediator may be available or at such later date as the parties may agree. In <br />104889618.6 0073013-00042 <br />