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�� : � . . i <br /> , <br /> � <br /> Ieasement and [ights hecein described is accepted as Eull compensation for <br /> Iall damages incidental to the execcise of any of said rights. <br /> 5. In the event the Gcantor places any i.mpcovements on the easement <br /> or conslructs anything on the easement without ficst having obtained the <br /> written approval of the City Engineer, the Gcantoc chall cease all such <br /> activity and cemove any and all improvements placed theceon without the <br /> wcitr.en agreement of the CiCy Engineer. In the event the Gcantor Eails to <br /> obtain prior appcoval, the Gcantoc heceby authorizes the City to cemove any <br /> and all impcovements placed or constcucted theceon and hold the City, its <br /> office[s, employees and agents harmless Erom damage caused to said <br /> improvements from temoval thereof. G[anto[ further agrees to pay the City <br /> for any and all costs incur�ed by the City in removing the impcovements. <br /> Th�s cight is in addition to any other cight the City may have at law or in <br /> equity. <br /> 6. The Grantor does �elease, indemnif� and promi.se eo defend and <br /> save ha[mless 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 reasonable attorney's fees i.ncurred by the City, its ofEicers, <br /> employees and agents in deFense thereof, asserting or. a[ising dicectly or <br /> indicectly on account of o[ out of ar.f act oL omission of G[a��tor, its <br /> agents, contractoes, licenses, invitees, or employees upon oe within the <br /> above-deseci6ed easement. This pacag�aph does not pucpoct to indemnify the <br /> City against liability foc damages arising out of bodily injury to persons <br /> or damages to p�operty caused by or cesultina feom the sole negligence of <br /> the City, its officees, employees and agents; PROVIDED, that if the claims <br /> or damages are caused by or cesult from the concu[tent negligence of (a) the I <br /> Grantoc, its agents or employees, and (b) the City, its otficers, employees <br /> or agents, this indemnity provision shall be valid and enforceable only to I <br /> the extent of the negligence of the Grantor, its agents oc employees. (For <br /> example, wheee the Gcantoe is 258 liable, this indemnification shall extend <br /> to 258 of the City's concurcent negli9ence, if any) . <br /> t <br /> gr���� ��� � � VQL. `�O� �.PQGEO4 �"� <br />