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5. In Lhe event Grantor places any S�tovements on the easement ori <br />constructs anything on the easement Nlthout first having obtained the written <br />approval of the City Englneer, the Grantor shall cease all such ectivlty and', <br />remove any and all lmprovements placed thereon without the wrltten agreementi <br />. of the City Engineer. In the event Grantor fails to obtaln prlor approval,� <br />' Grantor hereby euthorizes the City to remove any antl all improvements placed <br />ar crostructed thereon and liold tM City� its officers, employees and agents <br />j harmless fran damage causeC to said imptovements from removal thereof. <br />�, Grantor further agrees to pay the Clty for any end all costs lncurretl 6y the <br />� City in removing the improvements. Thls rlght ls i- addltion to any other <br />right the Clty may have at law or !n equity. <br />6. Grantor does release, indemnify and promise to defend and save <br />harmless the City, its officers, employees and agents fran and ag�'nst any and <br />all liability, loss, damage, expense, actions and clalms, including costs and <br />reasonable attorney's fees incurred by the Clty, its officers, employees and <br />egents in defense thereof, asserting or arisSng dlrectly or indirectly on <br />acco�nt of or out of Granl:or's use or activity on/in the above-described <br />easement; provickd, horever, this paragraph does not purport to Sntlertnlfy the <br />City against liability for tlamages arising out of 6odily inJury to persons or <br />damages to property caused by or resulting fran the sole negligence of the <br />Clty, its officers, employees antl agents. <br />7. The Grantor also covenants to and rrith the City that Gtantor is <br />lawfully seizey and possessed of the land aforesaf0; has a good and lawful <br />right and poHer to sell and convey same; that same is free and clear of <br />encimbrances, excepC as above indicated; anU thaC Crantor Nill forever ;varrant <br />and defend the tltle ta sald easement and the quiet possession thereof against <br />the lawful claims and demands of all persons rhansoever. <br />8. Grantor agrees that the rights and obligations of the Grantor and City <br />shall inute to the benefit of ar�d be binding upon their respective heirs, <br />successors and assigns. <br />EASEFENT - 3 <br />c�ls, �oi. 2758PacE2937 <br />��7x50020 <br />