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I <br />S. In the avant the Grantor places any improvements on the easement <br />or constructs anything on the easement without first having obtained the <br />written approval of the City engineer, the Grantor shall cases all such <br />i <br />activity and remove any and all improvements placed thereon without the <br />written agreement of the City engineer. In the event the Grantor tails to <br />obtain prior approval, the Gcaneor hereby authorizes the City to remove any <br />and all improvements placed or constructed thereon and hold the City, its ! <br />officers, employees and agents h"mlees from damage caused to Said <br />Improvements from removal thereof. Granto- further agrees to pay the City <br />i <br />for any and all costs incurred by the City in removing the improvements. <br />This right is in addition to any other right the City may have at law or in <br />equity. <br />S. The Grantor does release, indemnity and promise to defend and <br />save harmless the City, its officers, employees and agents from and against <br />any and all liability, lose, damage, expense, actions and claims, including <br />costs and reasonable attorney's fees incurred by the City, its officers, <br />employees and agents in defense thereof, asserting or arising directly or <br />indirectly on account of or out of any act or omission of Grantor, Its <br />agents, contractors, licenses, invites , or employees upon or within the <br />above -described easement. This paragraph does not purport to Indemnity the <br />City against liability for damages arising out of bodily injury to persons <br />or damages to property caused by or rerulting from the sole negligence of <br />the City, its officers, employees and agents, PROVIDED, that if the claims <br />or damages are caused by or result from the concurrent negligence of (a) the <br />Grantor, its agents or employees, and (b) the City, its officers, employees <br />I <br />or agents, this indemnity provision shall be valid and enforceable only to i <br />the extent of the negligence of the Grantor, :to agents or employees. ([or <br />example, where the Grantor is 25% liable, this indemnification shall extend <br />to 254 of the CSly's concurrent negligence, if any). <br />i <br />7. The Grantor also covenants to and with the City that the Grantor <br />is lawfully seised and possessed of the land aforesaid, has a good and <br />i <br />1►wCal eight and power to Bell and convey same, that same is free and Glee[ <br />of encumbrances, except ss above indicated, and the, the Grantor will <br />VOL. ?36Gr)cEO585 <br />9009620318 FORM <br />I <br />