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I <br /> ,, i <br /> � <br /> I <br /> 5. In the evenC Grantor plares any im��rovements on the easement or� <br /> i <br /> constructs anything on lhe easemr..nt vdthout first having obtained the writtenll i <br /> approval of the City Enqineer. Che Grantor shall cease all such acCivity and'I <br /> remove any �nd all improvements placed Chereon wilhouC the written agreementl <br /> of tlie City Enyineer. 1� tl�e event Grantor fails to obtain prior approval, i <br /> Grantor hereby authorizes the City to remove any and all improvements placedi <br /> or constructed thereon and hold the City, its officers, employees and agents <br /> harmless from damage caused to said improvements from removal thereof. <br /> Grantor furChet agrees Lu hay Clie Cily for any ornJ all co,Cs inr.ur�r.�l hy Llic <br /> City in removing the improvements. This right is in addition to any other I <br /> right the City may have at law or in equity. � <br /> 6, Grantor does release, indemnify and pr�ni�e to defend and seve � <br /> � <br /> harmless the City, its officers, employees and agents fran and against any and I <br /> all liability, loss, damage, expense, eations and claims, including cost's and ' <br /> reasonable attor�ey's fees incurred by the City, its ofFicers, employees a�d <br /> egents in defense thereof, asserting or arising directly or indirectly on <br /> account of or out of Grantor�s use ot activity on/in the above-described <br /> easement; provided, however, this paragraph does not purport to indemnify the <br /> City against liability for damages arising out of bodily in�ury to persons or <br /> damages to property c�used by or resulting fran the sole negligence of the <br /> City, its officers, en�loyees and agents. i <br /> 7. The Grantor elso covenants to end wilh llie City tliat Grankor is <br /> lawfully seized and possessed of the land aforesaid; has a good and lawful <br /> right and power to sell a�d wnvey same; that same is free and clear of j <br /> encumbrances, excepC as above indicated; and that' Grantur will forever warrant I <br /> • and defend the title to said easement and the quiet possession thereof against <br /> the lawful claims and demands of all persons whomsoever. <br /> B. Grantor agrees tiiat the riglits and obllgations of the Grantor and City <br /> , shall inw�e to the benefit of and be binding upon Cl�eir respective heirs, <br /> successors and assigns. <br /> I <br /> I <br /> r^.) <br /> EASEh�NT - 3� , � . " , . ,. i�. `;V �� <br /> c►,5, � u�i.. �?�'7�rnc�� �'70 <br /> i <br />