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m <br />EASEMENT <br />4. The Granror agreer, that tiUe to all brush, trees, otlrer vegetution or debris trimmed, <br />cut and removed from the easement pursuant ro this Agreement, and also all brush, trees, <br />other vegetation or debris trimmed, cut and removed fi�om Grantor's land pursuant to tl�is <br />Agreement is vested in the City, and that the considcration paid 1br conveying said easement <br />and rights herein described is accepted as full compensation for all damages incidental to the <br />exercise of any of said rights. <br />5. In the event Grantor places any improvc�uents on or in the easement or constructs <br />anything within the easement without first having obtained the written approval of the City <br />Engineer, the Grantor shall cease all such activiry and remove any and all improvements <br />placed tlierein without qie �vritten agreement of the City �ngincer. In the event Grantor fails <br />to obtain prior approval, Grantor hereby authorizcs the City to remove any and all <br />unprovemcnts placed or constructed therein and hold the City, its officers, employees and <br />agents harmless from damage causcd to said improvements from removal ihereof. Gtantor <br />furtl�er agrces to pay tlie City for any and ail costs incurrcd by �1�e City in removing the <br />improvemcnts. 7'his rigl�t is in addition to any other right the City may have at law or in <br />equity. <br />G. Grantor docs rcleasc, indemnify and promise to defend and save hannlcss the City, <br />its officcrs, cmployccs and agents from and against any and all liabilily, loss, damage, <br />expense, actions and daims, including costs wd reasonable atrorney's fees incurred by the <br />City, its officers, emp(oyees a��d agents in defeuse U�ereof, asserting or arising direcUy or <br />indirectly on accoum of or out of Grantor's use or activity within U�e above-described <br />easement. 1'l�is paragraph docs not purport to inde�miify the City against liability for damages <br />arising out of bodily injury to persons or damages to property caused Uy or resulting from the <br />sole negligence of the City, its officers, employees and agents; provided, that if the claims or <br />3 <br />AF20u�1U190536 (� <br />