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6. Grantor does release, indemnify and promise to defend and save <br /> harmless the City, its officers, employees and agents from and against any and <br /> all liability, loss, damage, expense, actions and claims, including costs and <br /> reasonable attorney's fees incurred by the City, its officers , employees and <br /> agents in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of Grantor' s use or activity on/in the above-described <br /> easement; provided, however, this paragraph does not purport to indemnify the <br /> City against liatility for damages arising out of bodily injury to persons or <br /> damages to property caused by or resulting from the sole negligence of the <br /> City, its officers, employees and agents. <br /> 7. Thee Grantor also covenants to and with the City that Grantor is <br /> lawfully seized and possessed of the land aforesaid; has a good and lawful <br /> right and power to sell and convey same; that same is free and clear of <br /> encumbrances, except as above indicated; and that Grantor will forever warrant <br /> and defend the title to said easement and the quiet possession thereof against <br /> the lawful claims and demands of all persons whomsoever. <br /> 8. Grantor agrees that the rights and obligations of the Grantor and City <br /> shall inure to the benefit 'of and be binding upon their respective heirs, <br /> successors and assigns. <br /> 9. <br /> Other: _ <br /> 335 <br /> -4- <br /> (SD) <br />