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plants within the easement and City, at its own expense, will replace the hedge with a six foot tall <br /> fence and trees per City Planning department requirement, as depicted on Exhibit A, attached to <br /> and included herein. To the extent that the City identifies brush, trees or other vegetation and <br /> debris on Grantor's property which, in the City's reasonable judgment, constitutes a hazard to the <br /> Easement and the right of access for such purposes, the City shall notify the Grantor and request <br /> that Grantor remove the hazard or authorize the City to do so. In the event of a disagreement as to <br /> the existence of a or as to what method may be used to remove the hazard,the parties shall resolve <br /> the disagreement pursuant to the dispute resolution provisions set forth below. <br /> 4. In the event Grantor places any improvements within the Easement area without first <br /> having obtained the written approval of the City Engineer,the Grantor shall cease all such activity <br /> and remove any and all improvements placed therein without the written agreement of the. City <br /> Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City <br /> to remove any and all improvements placed or constructed therein and hold the City, its officers, <br /> employees and agents harmless from damage caused to said improvements arising out of or related <br /> to their removal. Grantor further agrees to pay the City for any and.all costs incurred by the City <br /> in removing the improvements. This right is in addition to any other right the City may have at <br /> law or in equity. <br /> 5. Prior to the City conducting any activity within the Easement area, such as, but not <br /> limited to, maintenance and repair work, it shall notify the Grantor in advance. <br /> 6. A. Subject to Section 6.B below, Grantor does release, indemnify and promise <br /> to defend and save 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 reasonable attorney's <br /> fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising <br /> directly or indirectly on account of or out of Grantor's use or activity within the above-described <br /> Easement. Subject to Section 6.B below, the City does release, indemnify and promise to defend <br /> 3 <br />