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Easement <br />4. The Grantor agre�s that tide to all brush, trees, other vegetation or debris trimmed, cut <br />and removed from the easement pursuant to this A�eement, and also all brush, trees, other <br />vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this Agreement is <br />vested in the City, and that the consideration paid for conveyin� said easement and rights herein <br />described is accepted as full compensation for all damages incidental to the exercise of any of <br />said rights. <br />5. U� the event Granror places any improvements on or in the easement or constructs <br />anyching within the easement without first having obtained the written approval of the City <br />Engineer, the Grantor shall cease all such activity and remove any and all improvements placed <br />therein without the written agreement of the City Engineer. In the event Grantor fails to obtain <br />prio� e.pproval, Grantor hereby authorizes the City to remove any and all improvements placed or <br />conslructed therein and hold the City, its officers, employees and agents harmless from damage <br />caused to said improvements from removal thereof. Grantor further agrees to pay the City for <br />any and all costs incurre� by the City in removing the improvements. This right is in addition to <br />any other right the City may have at lau� or in equity. <br />6. Grantor does release, indemnify and promise to defend and save harmless the City, its <br />officers, employees and agents from and against any and all liability, loss, damage, expense, <br />ac[ions and claims, including costs and reasonable attorney's fees incurred by the City, its <br />officers, employees and agents in defense thereof, asserting or :uising directly or indirecdy on <br />account of or out of Grantor's us: or activity within the above-described easement. This <br />paragrapli does not purport to indemnify t:ie City against liability for damages mising out of <br />bodily injury to persons or damages to property caused by or resulting from the sole negligence <br />of the City, its officers, employees and agents; provided, that if the claims or damages are caused <br />by or result from the concurrent negligence of (a) the Grantor, its agents, successors or assigns, <br />and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and <br />i] <br />AF2004Q4060878 �' <br />