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h <br />EASEMENT <br />4. The Grantor agrees thai title to all brush, trees, other vegetation or debris trimmed, cut <br />and removed from the easement pursuant to this Agreement, and also all brush, trees, other <br />vegetation or debris trimmed, cut and removed from Grantor's land pursuant to diis Agreement is <br />vested in the City, and that the consideration paid for conveying said easement and rights hereir <br />described is accepted as full compensation for all damages incidental to the exercise of any of <br />said rights. <br />5. In the event Grantor places any improvements on or in [he easement or constructs <br />anything within the easement without first having obtained the written approval of the City <br />Engineer, [he 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 obtain <br />prior approval, Grantor hereby authorizes the City to re o° ees and gents harmless from ldamaoe <br />constructed therein and hold die City, its officers, emp Y the City for <br />caused to said improvements from removal thereof. Grantor further aarees to paY <br />any and all costs incuned by dte City in removing [he improvements. TUis right is in addition to <br />any other right the City may have at law or in equity. <br />6. Grantor does release, indemnify and promise to defend and save harmless the City, its <br />officers, employees and agents from and against any and all liability, loss, damage, expense, <br />actions and claims, including costs and reasonable attorney's fees incuned by the City, its <br />officers, employees and agents in defense thereof, asseRing or arising directly or indirectly on <br />account of or out of Grantor s use or activity within the above-described easement. This <br />paragraph does not purport to indemnify the Citaused`bstoraresulting f om thessolesnegl gence <br />bodily injury to persons or damanes to propercy c Y <br />of the City, its officers, employees and agents; provided, that if the claims oc damabes are caused <br />by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, <br />3 <br />