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Easement <br /> 4. The Grantor agrees that tide to all brush, trees, other vegetation or debris trimmed, cut <br /> and removed from the easement pursuant to this Agreement, and ;ilso all brush, trees, other <br /> vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is <br /> vested in the City, and that the consideration paid for conveying said easement and rights herein <br /> described is accepted as full compensation for all damages incidental to the exercise of any of <br /> said rights. <br /> 5. In the even[ Gran[or places any improvemen[s on or in [he easemen[ or construc[s <br /> anything within the ea�ement without first having obtained the written approval of the City <br /> Engineer, the Grantor shall cease all such activity and remove any and all improvements placed <br /> therein without the written agreement of the City Engineer. In the event Grantor fails to obtai❑ <br /> prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or <br /> constructed therein and hold the City, its officers, employees and agents harmless from damage <br /> caused to said improvements from removal thereof. Grantor further agrees to pay fhe City for <br /> any and all costs incurred by the City in removing the imnr:;;ements. This right is in addition to <br /> any other righ[the City may have at law or in equity. , <br /> 6. Grantor does release, indemnify and promise to defend and save harmless�[he City, its <br /> officers, empioyees and agents from and against any and all ;iability, loss, damage, expense, <br /> actions and claims, including costs and reasorable attomey's fees incuaed by the City, its , <br /> of6cers, employees and agents in defense thereof, asserting or arising directly or indirectiv on <br /> account of or out of Grantor's use or activity within tlie above-described easement. This <br /> paragraph does not purport to indemnify the City against liability for damages arising out of <br /> bodily injury to persons or damages to property caused by or resulting from the sole negligence <br /> of the City, its officers, employees and agents; provided, that if the claims or damages aze caused <br /> by or result from the concun�ent negligence of (a) the Grantor, its agents, successors or assigns, <br /> and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and <br /> 3 <br /> AF200 � 0907U910 3/g <br />