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5. In the event 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 cease all such <br />activity and remove any and all improvements placed thereon without the <br />written agreement of the City Engineer. In the event the Grantor fails to <br />obtain prior approval, the Grantor 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 harmless from damage caused to said <br />improvements from removal thereof. Grantor further agrees to pay the city <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 />6. The Grantor does release, indemnify and promise to defend and <br />save harmless the City, its officers, employees and agents from and against <br />any and all liability, loss, 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 an act or omission of Grantor, its <br />agents, contractors, licenses, invitees, or employees upon or within the <br />above -described easement. This paragraph does not purport to indemnify the <br />city against liability for damages arising out of bodily injury to persons <br />or damages to property. caused by or resulting 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 />or agents, this indemnity provision shall be valid and enforceable only to <br />the extent of the negligence of the Grantor, its agents or employees. (For <br />example, where the Grantor is 25% liable, this indemnification shall extend <br />to 258 of the City's concurrent negligence, if any). <br />7. The Grantor also covenants to and with the City that the Grantor <br />is lawfully seized and possessed of the land aforesaid, has a good and <br />lawful right and power to sell and convey same) that same is free and clear <br />of encumbrances, except as above indicated; and that the Grantor will <br />3 <br />110.1101 VOL.209' 044 FORM2/8 <br />