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S, in the event the Grantor ilacss any improvements an the *&$OUR& <br />or construct$ anything on the •&assent without first having obtained the <br />written approval of'ths City inginoor, the Grantor shall ego&* all such <br />activity and remove any and all improvgmsnts placed thereon without the <br />written agreement of the city Engineer. in the event the Grantor fails to <br />obtain prior epprevol, the Grantor hereby euthOriDOe the City to Came" any <br />and all Improvements placed or constructed thereon and hold the City, Its . <br />officara, smploysea and agents harmless from damage amused to said <br />improvements from removal thereof. Grantor further agrees to p&y the City <br />for any and all oasts incurred by the City. in romovinv the imprevoMntae <br />This tifht is In addition to any other right the City My have at low of in <br />equity. <br />t: The Grantor does release, indemnify and promise to defend and <br />save harmless the City, Its Officers, employees and events Item and against <br />any and all liability, toed, d&aagO, axpense, actions and clalmo, including <br />costs and reasonable &ttornOY'D fees incurred by the City, Its offiearo, <br />i <br />employees and agents in defense thereof, asserting or arising directly of <br />/ indirectly on account of or out of any act Or omission of Grantefr its <br />I events, contrsctorg, licensee, Inviteem, Or employees upon or within the <br />above -described *&assent, This paragraph does not purport to indemnify the <br />City against liability for damages &rising out of bodily inJurY to persons <br />at damaged to property caused by or resulting from the Dole soglivense of <br />the City# its effisete, employees and agents, rmGvfclo, that if Chs olotad <br />or damaged &ro caused by or reoult from the concurrent negligenaa Of (&) the <br />Grantor, its agents Of employees, and (b) the City, its Offie*fa, employees <br />or &gents, this Indemnity provision shall be valid and enforceable Only to <br />the extent of the negltgance of the Grantor, its agents or *apleyeu , (ygr <br />axamplo, where the Grantor to 25% liable, this indemnification shall extend <br />to 2st of the City'D concurrent nOgllvOnOd', if Onyl. <br />1. The Grantor also covenants to end with the City that the Grantor <br />is lawfully seized and possessed of the land afofeMld► has a geed and <br />lawful right end power to ■ell and convey same, that cam* is free and ole <br />enciunbrances and restrictions of recordr <br />of encumbrances, except amxalomxKXA"Wsalcd+r and that the Grantor will <br />1 <br />FORM Wf <br />