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6. Grantor does release, indemnify and promise to defend and save <br />harmless the City, its officers, employees and agents from and against any and <br />all liability, loss, damage, expense, actions and claims, including costs and <br />reasonable attorney's fees incurred by the City, its officers, employees and <br />agents in defense thereof, asserting or arising directly or indirectly on <br />account of or out of Grantor's use or activity on/in the above -described <br />easement; provided, however, this paragraph does not purport to indemnify the <br />City against liability for damages arising out of bodily injury to persons or <br />damages to property caused by or resulting from the sole negligence of the <br />City, its officers, employees and agents. <br />7. The Grantor also covenants to and with the City that Grantor is <br />lawfully seized and possessed of the land aforesaid; has a good and lawful <br />right and power to sell and convey same; that same is free and clear of <br />encumbrances, except as above indicated; and that Grantor will forever warrant <br />and defend the title to said easement and the quiet possession thereof against <br />the lawful claims and demands of all persons whomsoever. <br />8. Grantor agrees that the rights and obligations of the Grantor and City <br />shall inure to the benefit of and be binding upon their respective heirs, <br />successors and assigns. <br />9. <br />Other: <br />91o.�41-10099 <br />MI <br />4- <br />0 <br />,raL. 2 J 8 0PAGE 6 <br />r <br />