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�ns�nlrrrT <br /> Sce Gxhibit "A" attachcd hcreto and incorporatcd herein by reCcrencc. <br /> This easement is grantcd subjcct to and conditioucd upon t;�c follo�v�ng ternis, conditions am.1 <br /> covenants: <br /> 1. Grantor shall at all times conduct its activities so as no? to interfere with, obsvuct or <br /> cndanger the uscfulness of any improvements, or other iacilities, now or hercafier maintained <br /> upon the casement, or in any way intentionally interfere with, obstruct or endanger the City's use <br /> oi tlie casement. Grantor shall notify City in writing prior to any construction, work or any other <br /> activity by Grantor wiihin the easement which potentially ���ill interfere �vith Cit�'s use of thc <br /> easement. <br /> 2. Granton c�rcby authorizcs City to cut, trim and remo��c anp and all brush, trccs, othcr <br /> vcgctation or debris upon tlic easement wliich, in City's reusonable judgment constitutes a liazard <br /> to the easement, and iltc right of aceess for such purposes, upon rcasonable notice to Grantor, and <br /> upon the prior written consent of Grrantor, wliich consent shall not he unreasonably witlilield. <br /> 3. Grantor docs relcase, ir.demnify and promise to defend and save harniless the City, its <br /> officers, employees and agents frum 1nd aguinst any and all liability, loss. damlge, expense, <br /> actions and claims, including costs aud reasonable attorney's fees incurred by t6e City, its <br /> eCficers, employees and agents in defense thereof, asserting or arising directly or indirecQy on <br /> aa:ount of or out of Grantor's use or activity withic the above-described easement. This <br /> paragraph does ��oi purport to indemnify Ciry against IiaUility, loss, damage, expense, actions and <br /> claims for damages arising out of the negligence of tl�e City, its officers, employees and agents; <br /> provided, that if the claims or damages are caused by or result from the concurrent negligence of <br /> (a) the Grantor, its agents, successors or assigns, and (b) the City, its officers, employees or <br /> agcnts, this indemnity provision shall Ue valid and enforceable to the extent perniiried by law. <br /> 'I hc Grantor snecificallv •md ernressh� �vaives anv immunitv undcr Industrial Insurance. Title �i <br /> � <br /> 5372S2.I/OZ51G9.00001 � <br /> AF2 [� � � � � � 2U498 <br /> � �5 <br />