1871 ROSS AVE 2018-01-02 MF Import

6. Grantor does release, indamr,ify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of Grantor's use or activity on/in the above -described easement; provided, however, this paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, employees and agents. 7. The Grantor also cotenants to and with the City that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power to sell and convey same; that same is free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and defend the title to said easement and the qui^t possession thereof against the lawful claims and demands of all persons whomsoever 8. Grantor agrees that the rights and obligations of the Grantor and City shall inure to the benefit of and be binding upon tneir respective heirs, successors and assigns. 9. Other: Grantor shall continue to have use across, along, in, upon, and under said Eaaement for the Purpose of conducting it's business. YoE. 2925PAGE 1996 9406- 16 038 U^ -4- (-0)