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improvements installed therein without such prior written approval immediately upon demand <br /> from the City. Furthermore, in such event, Grantor hereby authorizes the City to remove any <br /> and all improvements installed in the Easement Area, and hereby releases all claims against and <br /> shall indemnify and hold harmless from any and all liability, loss, damage, cost, expense, actions <br /> and claims, including costs and reasonable attorney's fee incurred by, the City and its officers, <br /> employees and agents arising out of the removal of such improvements. Grantor further <br /> agrees to pay the City for any and all costs incurred by the City in removing such improvements. <br /> The foregoing right is in addition to any other right the City may have at law or in equity. <br /> 4. Removal of Obstructions. Grantor hereby authorizes the City to cut, trim and <br /> remove any and all brush, trees, vegetation and debris (collectively, "Obstructions") upon the <br /> Easement Area or the right of access, ingress and egress set forth above, or which, in the City's <br /> reasonable judgment, constitute a hazard to the Easement Area, the right of access, ingress and <br /> egress set forth above or the City's utilities infrastructure. Grantor agrees that title to all <br /> Obstructions trimmed, cut or removed from the Property by the City shall be vested in the City, <br /> and that the consideration paid for conveying this Easement and the rights herein granted and <br /> conveyed is accepted as full compensation for all damages incidental to the exercise of any of <br /> said rights. <br /> 5. Indemnity. <br /> (a) Grantor shall release, indemnify and hold harmless the City and its <br /> officers, employees and agents from and against any and all liability, loss, damage, cost, <br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the City <br /> or its officers, employees and agents in defense thereof, arising directly or indirectly out of <br /> Grantor's use of the Easement Area. This paragraph does not require Grantor to indemnify and <br /> hold harmless the City against liability for damages arising out of bodily injury to persons or <br /> damages to property caused by or resulting from the sole negligence of the City or its officers, <br /> employees and agents; provided, that if such liability is caused by or results from the <br /> concurrent negligence of(a) the Grantor or its agents, successors or assigns, and (b) the City or <br /> 128399350.6 0073013-00075 <br />