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Easement Area, and hereby releases all claims against and shall indemnify and hold harmless <br /> from any and all liability, loss, damage, cost, expense, actions and claims, including costs and <br /> reasonable attorney's fee incurred by,the Port and its officers, employees and agents arising out <br /> of the removal of such improvements. The City further agrees to pay the Port for any and all <br /> costs incurred by the Port in removing such improvements. The foregoing right is in addition to <br /> any other right the Port may have at law or in equity. <br /> 4. Removal of Obstructions. The Port hereby authorizes the City, at its sole cost and <br /> expense, to cut, trim and remove any and all brush, trees, vegetation and debris (collectively, <br /> "Obstructions") upon the Easement Area or the right of access, ingress and egress set forth <br /> above, or which, in the City's reasonable judgment, constitute a hazard to the Easement Area, <br /> the right of access, ingress and egress set forth above or the City's utilities infrastructure. The <br /> Port agrees that title to all Obstructions trimmed, cut or removed from the Property by the City <br /> shall be vested in the City, and that the consideration paid for conveying this Easement and the <br /> rights herein granted and conveyed is accepted as full compensation for all damages incidental <br /> to the exercise of any of said rights. <br /> 5. Indemnity. <br /> (a) The Port shall release, indemnify and hold harmless the City and its officers, <br /> employees and agents from and against any and all liability, loss, damage, cost, expense, actions <br /> and claims, including costs and reasonable attorney's fees incurred by the City or its officers, <br /> employees and agents in defense thereof, arising directly out of the Port's use of the Easement <br /> Area. This paragraph does not require the Port to indemnify and hold harmless the City against <br /> liability for damages arising out of bodily injury to persons or damages to property caused by or <br /> resulting from the sole negligence of the City or its officers,employees and agents; provided,that <br /> if such liability is caused by or results from the concurrent negligence of(a)the Port or its officers, <br /> employees,or agents, and (b)the City or its officers,employees or agents,the parties' respective <br /> responsibilities shall be allocated by their respective degrees of fault. <br /> 4 <br />