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4.3 Grantee shall not construct, reconstruct, relocate, adjust, remove, or <br /> repair the Tie-Back Easement Improvements or otherwise use the Tie-Back Easement Area <br /> except in accordance with plans and specifications approved in advance by the City <br /> Engineer. The City Engineer has approved Tie-Back Easement Improvements as described <br /> in the plans and specifications approved by the City of Everett in connection with the <br /> Grantee's permit application under file number PW1907-055_. <br /> 4.4 At its sole expense, Grantee shall operate, maintain, and repair the <br /> Tie-Back Easement Improvements. Such operation, maintenance, and repair shall include <br /> such Grantee actions as may be necessary to avoid damage to Grantor or public use of the <br /> City Properties. <br /> 5. Termination of Agreement. <br /> 5.1. If Grantee's use of the Tie-Back Easement Area or if the Tie-Back <br /> Easement Improvements, in the reasonable judgment of the City Engineer, constitute a <br /> substantial threat to the structural integrity of the City Properties or a danger to the public <br /> use of the City Properties, then Grantor may deliver written notice thereof to Grantee. If <br /> Grantee does not cure such threat or danger at no expense to Grantor within thirty(30) days <br /> after delivery of the notice (or such sooner time as may be reasonably required by the City <br /> Engineer), or does not within such time period begin and thereafter diligently, continually, <br /> and in good faith work to effect such a cure as soon as possible, then the Grantor may, <br /> effective upon written notice to Grantee,terminate this Agreement. <br /> 5.2. If Grantor believes that Grantee has violated any material term or <br /> condition of Agreement, Grantor shall deliver written notice thereof to Grantee. This right <br /> is in addition to any right Grantor may have under Section 5.1. If Grantee does not cure <br /> such violation at no expense to Grantor within thirty (30) days after delivery of violation <br /> notice (or such sooner time as may be reasonably required by Grantor), or does not within <br /> such time period begin and thereafter diligently, continually, and in good faith work to effect <br /> such a cure as soon as possible, then the Grantor may, effective upon written notice to <br /> Grantee,terminate this Agreement. <br /> 5.3. Effective on the Project completion or on delivery of an uncured <br /> teiiiiination notice under Section 5.1 or Section 5.2 above, the Tie-Back Easement <br /> Improvements shall be deemed abandoned by Grantee. Upon such abandonment, the <br /> Grantor may at any time at Grantor's sole discretion remove the Tie-Back Easement <br /> Improvements. <br /> 6. Release, Hold Harmless, Indemnification, and Duty to Defend. Grantee <br /> releases the Grantor from any and all claims resulting from damage or loss to its own <br /> Tie-Back Easement and Agreement Page 34/ <br />