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3. In the event either party places any improvements or excavates within the <br /> Easement Area without first having obtained the written approval of the other party(which <br /> approval shall not be unreasonably withheld, conditioned, or delayed), the party acting without <br /> approval shall cease all such activity and remove any and all improvements placed therein <br /> without the written agreement of the other party. In the event either party fails to obtain prior <br /> approval of the other party,the party acting without approval hereby authorizes the other party to <br /> remove any and all improvements placed or constructed therein and holds the other party, its <br /> officers, employees and agents harmless from damage caused to said improvements arising out <br /> of or related to their removal. The party acting without approval further agrees to pay the other <br /> party for any and all costs incurred by the other party in removing the improvements. This right <br /> is in addition to any other right the parties may have at law or in equity. Regardless of the <br /> foregoing in this Section 3, in the case of emergencies, the parties will provide notices and grant <br /> approvals as reasonable under the circumstances. The City hereby approves the installation by <br /> Grantor of(A)utility lines crossing the Easement Area at a depth of less than ten feet that do not <br /> otherwise interfere with the City's use of the Easement Area; and(B)pavement in the Easement <br /> Area. <br /> 4. Prior to the City conducting any activity within the Easement Area, such as, but <br /> not limited to inspections and maintenance and repair work, it shall notify Grantor in advance <br /> and obtain Grantor's prior written approval,which may contain conditions on hours and traffic <br /> control, and which prior written approval shall not be unreasonably withheld or delayed or <br /> conditioned. Provided, however, that denial of such a request for non-emergency work or activity <br /> does not constitute an unreasonable denial or delay if: (1) such work would occur less than 48 <br /> hours after the delivery of the request; (2) such work, in the sole judgment of Grantor,would <br /> -4- <br /> 112280032.4 0073013-00041 <br />