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I.� � • . . <br /> „ I <br /> . I <br /> I <br /> I <br /> '.,� 5. In the event Grantor p]ac�s any improvements on the easement or ( <br /> � constructs anything on the easement without first having obtained the written I <br /> .` approval of the City Enc�i�eer, the Grantor shall cease all such activity and i <br /> Iremove any and all improvements placed tliereon witl�out the written agreement I <br /> f the City Ergineer. In the event Grantor fails to obtain prior approval, I <br /> � <br /> rantor hereby authorizes L•he Cily Co rernove any and all improvements placed <br /> • r constructed thereon and hold t•he City, its officers, employees and age�ts <br /> . armless from damage caused Lo said improvements from removal thereof. <br /> rantor further agrees to pay the City for any and all costs incurred by the <br />� : <br /> ity in xemoving ,the improvements. Tliis right is in addition to any other <br /> ight the City may have at law or in equiLy. <br /> 6. Grantor does release, 3ndemnify and promise to defend and save � <br /> armless the City, its officers, employees and agents from and against any and I <br /> 11 ltabilily, loss, damage, expense, actions and claims, including costs and <br /> � easonable attorney's fees incurred by the City, its officers, employees and <br /> gents in defense thereoP, asserting or arising directly or indirect.ly en � <br /> ccount of or out of Granl•or's use or activity on/in the above-described I <br /> � �asement; Provided, Ilowever, this paragraph does not purport to indemnify the <br /> ', ity against liability for damages arising out of bodily injury to persons or <br /> I <br /> � amages to property cs��sed by or resulting from the sole neyligence of the <br /> � <br /> ' ity, its officers, employees and agents. � <br /> � <br /> 7. The Grantor also covenants to and witli the City that Grantor is � <br /> jlawfully seizeo and possessed of the land aforesaid; has a good and lawful � <br /> I ight and power to sell and convey same; that seme is free and clear of i <br /> i ncumbrances, except as above indicated; and L•hat Grantor will forever warra�t <br /> nd defend the title to said easement and Lhe quiet possession thereof against I <br /> he lawful claims and demands of all persuns whomsoever. <br /> , e. Grantor agrees thal the rights and obligations of the Grantor and City � <br /> hall inure to the benefit of and be binding upon Cheir respective heirs, <br /> uccessors and assigns. <br /> I <br /> YOI. �3�iPQGEl "�3O <br /> �� �� ���� �3l� i� (� �i� <br />