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. �i <br /> �i <br /> 5. In the event [he Gcantor places any improvements on the easement <br /> or constructs anything on the easement without Eirst having obtained the <br /> written appcoval of the City Engineer, the Gcantor shall rease all such <br /> activity and remove any and all improvements placed theceon vithout the <br /> aritten ag:eemen� oE the City Engineer . In the event the Gcantor Eails to <br /> � ohtain prior approval, t;ie Grantor heceby authortzes the City to remove any <br /> I <br /> iand all improvements placed or constructed theceon and hold the City, its <br /> Iofficers, employees and agents harmless from damage caused to said <br /> imp�ovementa from cemoval thereoE. Grantoc fucthec agceea to pay the City <br /> fac any and all costs tncurred �y the City in removing the improvements. <br /> This right is in addition to any othe[ cight the City may have at law or in <br /> equLty. <br /> 6. The Ccantor does celease, indemnify and promise to defend and <br /> save harmlesa the City, its ofEicers, employees and agents from and agaLnst <br /> any and all liability, loss, damage, expense, actions and claims, including <br /> costa and reasonable attocney's fees incue[ed by the City, its officers, <br /> employees and agents in defense theceoE, asserting or acising diceccly or <br /> indirectly on account of or out of any act oc omission oE Gcantor, lts <br /> agents, contcactors, licenses, invitees, or employees upon or within the <br /> ahove-desccibed easement. This paragcaph does not pucpoct to indemnify the <br /> City against liability foc damages arising out of bodily injucy to pecson3 <br /> or damages to propecty caused by or cesulting Erom the sole ne911gence of <br /> the City, its ofEicers, employees and agents; pROVIDED, that iE the claims <br /> or damages are caused by oc result from the concurrent negligence of (a) the <br /> Grantor, ir.s agents cr employees, and (b) the City, its officers, employees <br /> or agents, this indemnitY p�ovision shall be valid and enforceable only to <br /> the extent oE the negligence of the Crantor, its agents or employees. (For <br /> example, vhere the Grantoc Ls 258 ltable, this indemnl[ication shall ex[end <br /> to 258 oE the City's c�ncurcent negltgence, if any) . <br /> 7 . The Grantor also covenants to and ��ith the City that the Grantor <br /> is lawfully seized and possessed oE the land aforesaid; has a good and <br /> lawful right and pover to sell and convey same; that same is free and clear <br /> of encumbrances, except as above indicated; and that the Gcantor vill <br /> 3 <br /> FORM 2/S <br />