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5. In the event Grantor places any improvements on the easement or constructs anything on <br /> the easement without first having obtained the written approval of the Ciry Engineer,t6e Grantor <br /> shal cease all such activity and remove any and all improvements placed thereon wit6out the <br /> written agreement of the City Engineer. In the event Grantor fails to obtain prior approval, <br /> Grantor hereby suthorizes the City to remove any and all improvements placed or constructed <br /> thereon and hold the City, its offlcxrs, employees and agents harmless from damage caused to said <br /> improvementa from removal thereof. (}rantor farther agrees to pay the City f�r any and all cosu <br /> incurred by the City In removing the improvements. This right is iz addition to any other right the <br /> City may have at law or in equity. <br /> 6. (3rantor does release, indemnify and promise to defend and save harmless the City, its <br /> officers, employees and agents from and against any and all liabiliry, loss, damage, expense, <br /> actions and claims, including costs and reasonable attorney's fees incurred by We City,its officers, <br /> employees and agents in defense thereof, asserting or arising direcdy or indirecdy on account of or <br /> out of Grantor's use or activity on/in the above-described easement;pruvided, however, this <br /> paragraph does not purport to indemnIfy We City against liability for damages azising out of bodily <br /> injnry to persons or damages to property caused by or resuldng from the sole negllgence of the <br /> City,its o�cers, employees and agents. <br /> 7. 'Ibe Grantor also covenants to and with the City that Grantor is lawfully seized and <br /> posseased of the land aforesaid; has a good and lawful right and power to sell and convey same; <br /> t6at same ts free and clear of encumbrances, except as above indicated; and that Grantor will <br /> forever warrant and defend the tide to said easement and the quiet possession thereof against the � <br /> lawful claims and decsands of all persons whomsoever. <br /> 8. Grantor agrees that the rights and obligations of the lirantor and City shall inure to the <br /> beneHt of and be binding upor.t6eir respective hrirs, successors and assigns. <br /> 9. Other: <br /> �50 �' � 2�iR � � III �oi, 2762racE2291 <br /> - <br />