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easement and cights hecein desccibed is accepted as full compensation foe <br /> all damages incidental to the execcise oE any of said rights. <br /> 5. In the event the Grantor places any impcovements on the easement <br /> oc constructs anything on the easement without first having obtained the <br /> written approval of the City Engineer, tlie Grantor shall cease all such <br /> activity and remove any and all imp[ovements placed theceon Without the <br /> written ageeement of the City Enginee[. In the event the Gcanto[ fails to <br /> obtain pcior approval, the Grantoc hereby authocizes the City to cemove any <br /> and all impcovements placed or constcucted theceon and hold the City� its <br /> office�s, employees and agents hacmless fcom dama9e caused to sai� <br /> 1 <br /> • improvements fcom removal thereof. Grantoc fucthec ageees to pay the City <br /> . <br /> for any and all costs incurred bp the City in removing the impcovemente. <br /> This cight is in addition to any other cight the City may have at law oc in <br /> equity. <br /> 6. The Grantor does celease, indemnify and promise co defend and <br /> save hacmless the City, its officees, employees and ayents from and against <br /> any and all liability, loss, damage� expense, actions and claims, including <br /> costs and ceasonable attorney's fees incurced by the City, its oEficecs, <br /> employees and agents in defAn�e theceof, assecting or arising directly oc <br /> Iindi.rectly on account of o[ out of any ar.t or omission of Gcantor, its <br /> I agents, contcactocs, ) •nses, invitees, or employees upon oi wit:.in the <br /> above-desccibed easemen. This paragraph does not purport to indemnify the <br /> city against liability foc damages arising out oE bodily injucy to peceons <br /> oc damages to propecty caused by oc cesulting fcom the sole negligence of <br /> the City, its officers, employees and agents; PROVIDED, that if the claims <br /> oc damages ace caused by oc eesult fcom the concucrent negli9ence af (a) the <br /> Gtantor, its a9ents oc employees, and (b) the City, its officecs, employees <br /> ot agents, this indemnity provision shall be valid and enforceable only to <br /> the extent oE the negligence of the Geantoc, its agents or employees. (For <br /> example, whece the Grantoc is 258 liable, this indemnification shall extend <br /> to 258 of t:ne City's concurcent negligence, iE any) . <br /> 3 <br /> �; .1. €I' � ���-����� VOI. �4 �.�PAGEO9 �O <br /> II <br />