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5. In the event the Grartor places any Improvements on the easement <br />or constructs anything on the easement without first having 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 City Engineer. In the event the Grantor fall$ to <br />obtain 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 all costa Incurred by the City In removing the improvements. <br />This right Is In addition to any other right the City may have at law of 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 Lit liability, loss, damage, expense, actions and claims, Including <br />costs and reasonable Attorney'$ 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 omission of Grantor, its <br />agents, contractors, licensee, Invitees, or employees upon or within the <br />above -described edsement. This paragraph does not purport to indemnify the <br />City against liability for damages arising out of bodily injury to persons <br />,•r d.ni•a gnu to 4':oparty cdda.d Ly or rauu.tii:g (con the Sule n-..II, I nee <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 la) the <br />Grantor, its agents or employees, and (b) the City, Its officere, employees <br />or agents, this Indemnity provision shall bi valid and enforceable only to <br />the extent of the negligenre of the Grantor, its agents or employees. (For <br />example, where the Grantor Is 251 liable, this Indemnification shell extend <br />to 251 of the City-9 concurrent negligence, If any). <br />7. The Grantor also covenants to and with the City that the Grantor <br />is lawfully seized and possessed of the land aforesaid, has a good and <br />lawful right and power to sell and convey same, that Same Is free and clear <br />of encumbrances, except as above indicated, and that the Grantor will <br />g <br />11 FORM <br />11 �.. �. <br />VOL. ill; PUEIJ.LJ <br />