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EASEMENT <br /> 4. The Grantor agrees that tide to all brush, trees, other vegetation or debris trimmed, <br /> cut and removed from the easement punuant ro this Agreement, and also all brush, erets, other <br /> vegetation or debris Orimmed, cut and removed from Grantor's land punuant to this <br /> Agreement is vested in the City, and that the consideration paid for conveying said easement <br /> and rights herein described is accepted az fuq compensation for all damages incidental to the <br /> exercise of any of said righu. <br /> 5. In the event Grantor places any improvements on or in the easement or constructs <br /> anything within the easement without first having obtained the written approval of the Ciry <br /> Engineer, the Grantor shall cease all such acdviry and remove any and all improvements <br /> placed thercin without the written agreement of the Ciry Engineer. In the event Grantor fails <br /> to obtain prior approval, Grantor hereby authorizes the City to remove any and all <br /> improvements placed or conswcted therein and hold the City, its officers, employees and <br /> agents harmless from damage caused to said improvements from removal thereof. Grantor <br /> further agrees to pay the City for any and all costs incurred by the City in removing the <br /> improvements. This right is in addition to any other right the City may have at law or in <br /> equity. <br /> 6. Grantor does release, indemnify and promise to defend and save harmless the City, <br /> its officers, employees and agents from and against any and all liability, loss, damage, <br /> expense, actions and claims, including costs and reasonable attomey's fees incurted by the <br /> City, its officers, employees and agents in defense thereof, asserting or arising directly or <br /> indirecdy on account of or out of Grantor's use or activity within the abovr described <br /> easement. This paragraph does not purport to indemnify the City against liability for damages <br /> arising out of bodily injury to persons or damages to property caused by or resulting ftom the <br /> sole negligence of the City, its officers, employees and agenu; provided, that if the claims or <br /> 3 <br /> 98082g0615 <br />