7405 HARDESON RD BASE FILE 2016-01-01 MF Import

EASEMENT 4. The Grantor agrees that title to all brush, trees, other vegetation or debris trimmed, cut and removcd from the easement pursuant to this Agreement, and also all brush, trees, other vegetation or debris trimmed, wt and removed from Granror's land pursuant to this Agreement is vested in the City, and that the consideration pa�d f'or conveying said easement and rights herein described is accepted as full compensation for all damages incidental ro thc er.ercise of any of said rights. 5. In the event Grantor places any improvements on or in the easement or constructs anything within the eascmenc witl.out first having obtaincd the written approval of Uie City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed tlierein �vithout the written agreement of the City �ngineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any and all itnprovements placed or constructed tUerein and hold the City, its officers, employces and agents hannless from damage caused to said improvements from removal thereof. Granror further agrces to pay Ihe Ciry for any and all costs incurred by the City in removing the improvemcnts. 'l�his right is in addition to any other right the City may have at law or in cquity. 6. Grantar docs relcase, indetnnify and promisc to defend and save harmless the City, its officcrs, cmployces and agcnls from and agains! any and all liability, loss, damage, expense, �ctions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in def'ense d�ereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity within the above-described easement. This paragrapl� docs not purport to indemnify the City against liability for damages arising out of Uodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its ufficers, employees and agents; provided, that if the claims or 3 AF20u� 1U 190536 (�