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EASEMENT <br /> 4. The Grantor agrees that title to all brush,trees,other vegetation or debris <br /> trimmed, cut and removed from the easement pursuant to this Agreement, and also all brush, <br /> • <br /> trees, other vegetation or debris trimmed, cut and removed from Grantor's land pursuant to this <br /> Agreement is vested in the City, and that the consideration paid for conveying said easement and • <br /> rights herein described is accepted as full compensation for all damages incidental to the exercise <br /> • of any of said rights. <br /> 5. In the event Grantor places any improvements on or in the easement or constructs <br /> anything within the easement without first having obtained the written approval of the City <br /> Engineer, the Grantor shall cease all such activity and remove any and all improvements places <br /> therein without the written agreement of the City Engineer. In the event Grantor fails to obtain <br /> prior approval, Grantor hereby authorizes the City to remove any and all improvements places or <br /> • constructed therein and hold the City,its officers, employees and agents harmless from damage <br /> • caused to said improvements from removal thereof. Grantor further agrees to pay the city for any <br /> and all costs incurred by the City in removing the improvements. This right is in addition to any <br /> other tight the City may have at law or in equity. <br /> • 6. The parties release, indemnify and promise to defend and save harmless each <br /> other,their officers, employees and agents from and against any and all liability, loss, damage, • <br /> • <br /> expense,actions and claims,including costs and reasonable attorney's fees incurred by a party, <br /> • <br /> their officers, employees and agents in defense thereof,asserting or arising directly or indirectly <br /> on account of or out of a parties' use or activity within the above-described easement. The <br /> • parties specifically and expressly waive any immunity under Industrial Insurance, Title 51 RCW. <br /> and acknowledges that this waiver has been mutually negotiated by the parties. <br /> • <br /> 7. City does agree and covenant to restore Grantor's property to at least as good of a <br /> condition as it was in prior to the City performing any work or activity on or in the.easement, <br /> Grantor's adjacent property and or the property owned by the Port of Everett and commonly <br /> known as Riverside Road within a reasonable time. <br /> 22 <br />