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<br /> the use of the Trail may be interrupted during such period and waives any and all rights to
<br /> damages resulting therefrom.
<br /> 5. Maintenance of the Easement Area. The City shall maintain the Easement
<br /> Area in good order, condition and repair, and in compliance with all applicable local, state and
<br /> federal laws. The City shall have the right upon providing at least five(5) days' notice to
<br /> Verizon,but not the obligation,to remove,cut and/or trim all brush, shrubs,trees or other growth
<br /> standing or growing upon the Easement Area which constitutes an unreasonable interference
<br /> with City's rights or a menace or danger to the Easement Area.
<br /> 6. Surrender of Easement Area. The rights,privileges and authority hereby
<br /> granted shall continue to be in force until such time as the City shall permanently remove the
<br /> Trail, at which time all such rights,privileges and authority hereby granted shall terminate.
<br /> Upon the destruction, removal,termination or abandonment of the Trail,this Agreement shall
<br /> terminate and be of no further force or effect. In the event of any destruction, removal,
<br /> termination or abandonment of the Trail, the City shall remove the Trail and restore the Verizon
<br /> Property to a good and clean condition, including without limitation,repaving and landscaping to
<br /> restore the Verizon Property to its condition existing immediately prior to such destruction,
<br /> removal, termination or abandonment of the Trail.
<br /> 7. Indemnity. The City hereby releases Verizon,Verizon's affiliates, and
<br /> their respective officers, directors, employees, contractors, agents successors and assigns
<br /> (collectively, the"Verizon Parties") from any and all claims;damages, costs and expenses
<br /> (including,but no limited to, attorneys' fees), fines,penalties, assessments, damages, claims,
<br /> demands, actions, causes of action, suits,judgments and settlements (collectively "Claims")
<br /> arising in any manner, directly or indirectly, in, on or about the Easement Area from any cause
<br /> whatsoever, including but not limited to, any injury, including death, to any person or persons, or
<br /> damage or loss or theft to any property. Except to the extent caused by the gross negligence or
<br /> willful misconduct of the Verizon Parties,the City hereby agrees to indemnify and hold the
<br /> Verizon Parties harmless from any and all Claims arising in any manner, directly or indirectly,
<br /> (a) in, on or about the Easement Area from any cause whatsoever, including but not limited to,
<br /> any injury, including death,to any person or persons, or damage or loss or theft to any property,
<br /> and (b) in connection with the use by the City, its employees, agents, contractors,
<br /> representatives, invitees or the general public of the balance of the Verizon Property,including
<br /> but not limited to, any injury, including death,to any person or persons, or damage or loss or
<br /> theft to any property.
<br /> 8. Notices. Whenever any party hereto shall desire to give or serve upon the
<br /> other any notice, demand,request or other communication,each such notice, demand, request or
<br /> other communication shall be in writing, shall be given by personal delivery or by registered or
<br /> certified United States mail,return receipt requested,postage prepaid, addressed as follows:
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