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r��s►:n�Ln�r <br />4. Thc Grnntor agrces that ti�lc to all brusl�, trccs, other vegetation or debris trimmed, cut <br />and removed from the casemcnt pursuant to this Agreement, and also all brush, trees, othcr <br />vcgctation or dcbris trimmcd, cut and removed from Grantor's land pursuant to this Agrecmenl is <br />vcstcd in thc City, and that thc consideration paid for convcying said cascmcnt and righls hcrcin <br />described is accepted as fiill compensation for .ill damages incidental to the exercise of any of <br />said righls. <br />5. In t6c c��cnl Grantor pinces any improvcmcnt, on or in thc cascmcnt or constnicls <br />anything within Uic cascmcnt wilhout first liaving obtaincd thc �vritten approeal of thc City <br />lingineer, lhe Grantor shall cease all such activity and remo��e any and ail improvements placed <br />thcrcin �viihoul lhc wrilten agrccmcnt of thc City rugincec In tl�c event Grantor fails to oblain <br />prior approval, Granlor hereby authorizes the City to remove any and all improvements placed or <br />constn�cicd Uicrcin and hold Ihc City, its officers, cmployccs and agcnts hannlcss from damagc <br />causcd to said improvcments from rcmoval tliercoC Grantor further agrces +o pay the City for <br />any and all cosls incurred by t!ic City in rcmoving Il�c improvemcnts. This rigl�t is in addition to <br />any other right thc City may havc xt la�v ar in cquity. <br />(i. Grantor docs rcicasc, indcn:nify and promisc �o dcfcnd and savc harnilc;s thc City, ils <br />of(iccrs, cmpluyces and :igents Irom m,d against airy and all liability, loss, damage, expense, <br />actions and claims, including costs and rcasonablc attorncy's fccs incnrrcd Uy tl�e City, ils <br />officcrs, cmployccs and agcnts in defcnsc lhcrcof, asscrting or arising dirccqy or indircclly on <br />accounl of or out of Granlors use or activity within thc aUovc-descriUcd casemenL This <br />p�ragraph docs uot purport to indenmify the City against liabilily for damages arising out of <br />bodily injury to persons or damages to property caused by or restdting from thc solc c�egligence <br />of thc City, its officers, employces and agents; provided, tl�al if (He claims or damages arc causcd <br />by or result from the concurrcnt negligence of (a) tlu Grantor, ils agen�s, successors or assigus, <br />� <br />AF2��s���i�9�3�� �9 <br />