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9 <br /> EASEMENT <br /> 1. Grantor shall at all times reasonably conduct its activities and all other activities <br /> conducted on Grantor's property so as not to interfere with, obstruct or endanger the usefulness <br /> of any improvements, or other facilities, now or hereafter maintained upon the easement, or in <br /> any way interfere with, obstruct or endanger the City's use of the easement. Nothing herein shall <br /> prohibit Grantor from making such use of Grantor's property as is not inconsistent with the <br /> easement granted herein, including without limitation, use of the surface of the property for <br /> parking lot and landscaping improvements. No permanent building improvements will be <br /> constructed in the easement area. <br /> 2. The City shall indenmify, defend and hold Grantor harmless from any loss, cost, <br /> expense (including attorney's fees) or liability suffered or incurred arising out of the exercise of <br /> the easement rights provided herein, except in the case of Grantor's sole negligence. At any time <br /> the City exercises its right to perform maintenance, repair or replacement work hereunder, the <br /> City shall (i) give reasonable prior notice to Grantor; (ii) schedule such work so as not to <br /> interfere with any major holiday shopping days; (iii) restore or replace any property damaged or <br /> disturbed by such work; and (iv) conduct such work in a manner that minimizes disruption to <br /> Grantor's business and in any event driveway access will always be kept at least partially open. <br /> 3. The Grantor covenants to the City that Grantor is lawfully seized and possessed of the <br /> land aforesaid; has a good and lawful right and power to sell and convey same; that same is free <br /> and clear of encumbrances, except as above indicated; and that Grantor will forever warrant and <br /> defend the title to said easement and the quiet possession thereof against the lawful claims and <br /> demands of all persons whomsoever. <br /> 4. The rights and obligations of the Grantor and City shall inure to the benefit of and be <br /> binding upon their respective heirs, successors and assigns. <br /> Executed as of the date hereinabove set forth. <br /> 53 <br />