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5 <br />4. The Grantor agrees that title to all brusb, trees, other vegetation or debris trimmed, out <br />1Y+t removed from i.easement pursuant tothisAgreement, 91'.f ;3all brush, trees,other <br />rights.vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is <br />vested in the City, and that the consideration paid for conveying said easement and rights herein <br />described is accepted as full compensation for all damages incidental to the exercise of any of said <br />S. In the event Grantor places any improvements on or in the easement or constricts <br />anything within the easement without first having obtained the written approval of the City <br />Engineer, the Grantor shall cease all such activity and remove any and all improvements placed <br />therein without the written agreement of the City Engineer. In the event Grantor fails to obtain <br />prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or <br />constricted therein and hold the City, its officers, employees and agents harmless from damage <br />caused to said improvements from removal thereof. Grantor further agrees to pay the City for any <br />and all costs .incurred by the City in removing the improvements. This right is in addition to any <br />other right the City may have at law or in equity. <br />6. Grantor does release, indemnify and promise to defend and save harmless the City, its <br />officers, employees and agents from and against any and all liability, loss, damage, expense, <br />actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, <br />employees and agents in defense thereof, asserting or arising directly or indirectly on account of <br />or out of Grantor's use or activity within the above -described easement. This paragraph does not <br />purport to indemnify the City against liability for damages arising out of bodily injury to personas <br />or damages to property caused by or resulting from the sole negligence of the City, its officers, <br />employees and agents, provided, that if the claims or damages are caused by or result from the <br />concurrent negligence of (a) the Grantor, its agents, successors or assigns, and (b) the City, its <br />officers, employees or agents, this indemnity provision shall be valid and enforceable to the extent <br />permitted by law. The Grantor s ecificalty and .e ..t ess� � Waives an4 immunit v under Industrial <br />3 <br />