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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 ofthe 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 /> -4- <br /> 104889618.6 0073013-00042 <br />