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. I <br /> ' I <br /> I, <br /> � <br /> 5, In the event the crantor places any improvements on the easement <br /> oc constcucts anything on the easement without firat having obtained the <br /> Iw[itten appcoval of the City Engineec, the Gcantoc shall cease all such <br /> � activity and remove any and all impcovements placed theceo:i vithout the <br /> vritten agreement of ehe City Engineec. In the event the Grantor fails to <br /> obtain pcioc appcoval, the Grantor heceby authocizes the City to remove any <br /> end all impcovementa placed ac const[ucted thereon and hold the City, its <br /> I <br /> ocficers, employees and agents hacmlees fcom damage caused to said <br /> ; improvements from temoval theceof. G[antoc fucthe[ agrees to pay the City <br /> IEoc any and all coets incucred by the Ciky in cemoving the impcovements. <br /> I This cight is in addition to eny other right the City may have at law or in <br /> equity. <br /> 6. The Gtantor does celease, indemnify and promise to defend and <br /> save ha[mless the City, its office[s, employees and agents fcom and againat <br /> any and all liabi:iey, lons, damage, er.pense, actions and claims, includtng <br /> costa and ceasonable attocney's Eees inuucced by the City, ita officecs, <br /> employees and agenta in deEense theceof, asaetting oc acising dicectly or <br /> indirectly on account of oc out oE any act oc omission oE Gcantor, its <br /> agents, contcnctors� licenses, invitees, or employees upon oc vithin the <br /> ' above-deac[ibed easement. This pa[agcaph does not purpoct to indemnify the <br /> City against liability for damagea arising out of badily injucy to pecsons <br /> or damages to p[opertp c�a•��d by oc cesaltin:3 [:om the sole ney?iSence oE <br /> I the City, its ofEicers, employees and agents; PAOVIDED, thet if the claims <br /> o[ damages ace caused by or cesult f[om the concuccent negligence oE la) the <br /> Gcantor, its agents oc employeea, and (b) the City, its oEflcers, empioyees <br /> or agents, this indemnity pcovision shall be valid and enEorceable only to <br /> the extent of the negligence of the G[antoc , its agents oc employees, lFoc <br /> example, whece the Gcantoc is 25t liable, this indemniEication shall extend <br /> to 259 oE the City's concuccent negligence, if any) . <br /> I7, The Gcantor also covenants to and vith the City that the G�antor <br /> is lawfull.� seized and posse�sed of the land aEoresaid; has a good and <br /> law:ul right and powe[ to sell and convey same; that same is Eree and clear <br /> of encumbra�ces, excepG as above indica:ed; and that the Gcantoc will <br /> I I <br /> 3 <br /> iFORM 2/8T <br /> � I <br /> �_ _ <br />