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oasement and rights herein described is accepted as NJ compensation for <br />ill damages incidental tr the exercise of any of said rights. <br />S. In the event. the Grantor places any in.�:ovements on the easement <br />or constructs anythir.1 on the easement without first having obtained tho <br />written approval of the C`, Engineer, the Grantor shall reap„ all such <br />activity an,4 remove any and all improvements placed thereon without the <br />written agreement of the City Engineer, in the event the Grantor fails to <br />obtain prior approval, the Grantor hereby authorizes the City to remove any <br />and all improvements placed or constructed thereon and hold the City, its <br />officers, employees and agents harmless from damage caused to said <br />' improvements from removal thereof. Grantor further agrees to pay the City <br />for any and all costs incurred by the City in removing the improvements. <br />This right is in addition to any other right the City may have at law or in <br />equity. <br />6. The Grantor does release, indemnify and promisr to defend and <br />i save harmless the City, its officers, employees and agents from and against <br />any ind all liability, loss, damage, expense, actions and claims, including <br />costs and reasonable attornel's fees incurred by the City, its officers, <br />i <br />employees and agents in defense thereof, asserting or arising directly or <br />indirectly on account of or out of any act or omission of Grantor, its <br />agents, contractors, licenses, invitees, or employees upon or within the <br />above -described easement. This paragraph does not purport to indemnify the <br />City against liability for damages arising out of bodily injury to persons <br />or damages to property caused by or resultin3 from the sole negligence of <br />the City, its officers, employees and agents; PROVIDED, that if .:he claims <br />or damages are caused by or result from the concurrent negligence of (a) the <br />Grantor, its agents or employees, and (b) the City, its officers, employees <br />or agents, this indemnity provision shall be valid and enforceable only to <br />the extent of the negligence of the Grantor, its agents or employees. (For <br />f example, where the Grantor is 251 liable, this indemnification shall extend <br />to 25% of the City's concurrent negligence, if any). <br />3 <br />8706180267 <br />m.2064PAGE096'7 <br />