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C <br />5. In the ave�t Grantor places any improvements on the easement nr I <br />constructs anything on the easement without first having obtained the wri.*.ten <br />epproval of the City Engineer, the Grantor shall cease all such activit� and <br />remove any and all improvQments placed thereon without the written ag��eement <br />of th� City Ennineer. In the event Grantor fails to obtain prior approval, <br />Grantor hereby authorizes the City to remove any and all improvements placed <br />or �onstructed thereon and hold the City, its officers, employees and agents <br />harmless from d�:mage caused to said improvements from removal thereof. <br />Grantor further 3�rees to pay the City for any and al� costs incurred by the <br />City in removing the improvements. This right 3s in addition to any other <br />right the City may have at law or in equity. <br />6. Grantor does release, indemnify and promise to dPfend and save <br />harmless the City, its officers, employee� and agents from and against any and <br />all liability, loss, damage, expense, actions an� cl.aims, including costs and <br />reasonable attorney's fees incurred by the City, its officers, employees and <br />agents in defense thereof, asserting or arising directly or indirecLly on <br />accaunt of or out of Grentor's u�e or activity on/in the above-described <br />easement; Provided, However, this paragraph does not purport to indemnify the <br />City aaainst liability for damages ar.:.sing out of bodily injury to �ersons or <br />demages to property caused by or r.esulting from the sole negligence of the <br />, City, its officers, employees and agents. <br />7. The Grantor also covenants to ard with the City that Grantor is <br />lawPully seized and possessed of the land aforesaid; has a good and lawful <br />rigf�t and pow�r to sell and convey same; that same is free and clear of <br />encumbrances, except as above indicated; and that Grantor wil� forever wsrrant <br />and defer�d the title to said easement and the quiet �ossession thereof against <br />the lawful claims and de�nands of all persons whomsoever. <br />8. Grantor agrees that the rights and obligations of the Grantor and City <br />shall inure to the benefit of and be binding upon their respective heirs, <br />I successors and assigns. <br />°��'Lix'79''P:r��`i� �r �.� <br />�n;fldf Ili — ' <br />VUL. �:I1c�PAGECtEi ��c� <br />