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: . . i <br /> 5. 2n the event the Grantoc places any improvements on the easement <br /> or constcucts anything on the easement without Eirst having obtained the <br /> written approval of the City Engineer, the Grantor shall cease all such <br /> activity and remove any and all improvements placed theceon without the <br /> written agreement of the City Engineer. In the event the Gcantor fails to <br /> obtain prioc approval, the Gcantor hereby authorizes the City to [emove any <br /> and all improvements placed oc constructed thereon and hold the City, its <br /> officers, employees and agents hacmleas from damage cauaed to said <br /> impcovements Erom removal theceof. Grantor fucther agrees to pay the City <br /> foc any and all costs incurced by the City in removing the improvements. <br /> This right ia in addition to any other cight the City may have at laa or in <br /> equity, <br /> 6. The Grantor does release, indemniEy and promise to defend and <br /> save harmless the City, its oEficecs, employees and agents from and against <br /> any and all liability, loss, damage, expense, actiona and claims, including <br /> costs and ceasonable attorney's fees incurced by the City, its officers, <br /> employeea and agents in defense thereof, asaerting or ariaing dicectly or <br /> indirectly on account oE oc out of any act oc amission of Grantoc, Lts <br /> agents, contcactora, licenses, invitees, oc employees upon o[ within the <br /> above-described easement. This pacagcaph does not purport to indemnify the <br /> City against liability for damages arising out oE bodily injury to persone <br /> , or damagea to property caused by or cesulting from the sole negligence of <br /> the City, its officers, employees and agents; pROVIDED, that iE the claims <br /> or damages ace cauaed by or result from the concuYrent negligence of (a) the <br /> Grantor,. its agents or employees, and (b) the City, its officers, employees <br /> or agents, this indemnity provision shall be valid and enEorceable only to <br /> the extent oE the negli9ence of the Gcantor, its agents or employees. (For <br /> example, where the Grantor is 258 liable, this indemnification shall extend <br /> to 258 of the City's concurrent negligence, if any) . <br /> 7. The Gcantor also covenants to and with the City that the Grantoc <br /> is lawfully seized and possessed oE the land afocesaid; has a good and <br /> lawful right and power to sell and convey samet that same is free and clear <br /> af encumbrances, except as above indicated; and that the Grantor will <br /> 3 VOL � �64PAGE�645 <br /> 8 9x� �.J � �) � FORM 2/8 <br />