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5. In the event the Grantor places any improvements on the easement <br /> or constructs anything on the aasement with�.ut ficst having obtained the <br /> weitten appcoval of the City Engine�c , the Grantor shall cease all such <br /> activity and remove any and all impro� �ments placed thereon without the <br /> Iwritten agreement oE the City Engineer. In the event the Grantoc Eails to <br /> obtain prior approval, tt,�� Grantor hereby authorizes the City to cemove any <br /> and all improvements placed oc constructed ;he�eon and hold the City, its <br /> officers, employees and agents harmless from damage caused to said <br /> impcovements fr.om removzl the[eof. Grantoc furthec agrees to pay the City <br /> Eor any and all costs incucred by the City in removing the impeovements. <br /> This right is in addition to any other cight the City may have at law oc in <br /> equity. <br /> 6. The Grantor does release, indemniEy and promise to defend and <br /> save hacmless the City, its officers, employees and agents from and against <br /> any and all liability, loss, damage, expense, actions and claims, including <br /> costs and [easonable attorney's fees incu[red by the City, its officers, <br /> employees and agents in defense thereof, asserting oc arising directly or <br /> indirectly on account cf or out of any act or omission of Gtr�ntor� its <br /> agents, contractors, licenses, invitees, or employees upon oc within the <br /> above-desc�ibed easement. This paragraph does not purport to indemniEy the <br /> City against liability for damages arising out of bodily injucy to persons <br /> or damages to propecty caused by or resultinq from the sole negligence of <br /> the City, its officers, employees and agents; pROVIDED, that if the claimc <br /> � <br /> ot damages are caused by or result from the concurrent negliyence of (a) the <br /> Grantoc, 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 oc employees. (For <br /> � example, whece the Gcantor is 258 liable, this indemnif.ication shall extend <br /> to 258 of the city�s concurrent negligence, 1E any) . <br /> 7. The Grantor also covenants to and with the City that the Gcantor <br /> is laafully seized snd possessed of the land af �id; has a good and <br /> lawful eiqht and power to sell and convey same; that samv_ is f[ee and clear <br /> of encumbrances, except as above indicated; and that the G[antoc will <br /> 3 <br /> � s � � � 2 �� oe� �OL. 2O � �PAGE.LZSG FORM2/8i <br />