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easement and right.z herein describ <br />ed, is accepted as full compensation for <br />i <br />all damages incidental to the exercise of any of said rights, <br />5. In the event the Grantor places any improvements on the easement <br />or constructs anything on the easement without first havi•ig 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 Ci�y Engineer. In the event cne '1a111�. •-•-- -- <br />cbtain 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 a;.l 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 any act or omiss'.on 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 t'.ie <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 agente or employees, and (b) the City, its officers, employees <br />or agents, this indemnity pruvision shall be valid and enforceable only to <br />i <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 25% of the City's concurrent negligence, if any). <br />3 <br />42190059 <br />VOL. 2121 PAGE 116 3 <br />