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EASEMENT AGREEMENT <br /> 6. Title to Property. The District also represents to the City that the District is <br /> lawfully seized and possessed of the Property; has a good and lawful right and power to <br /> sell and convey same; and that the District will defend the title to said Easement Area <br /> and the quiet possession thereof against the lawful claims and demands of all persons <br /> whomsoever, so long as the District remains legal owner of the Property on which <br /> Easement is granted. <br /> 7. Termination of Easement Agreement. This Easement Agreement and the <br /> Easement provided herein may be terminated for cause by the District upon 180 days <br /> notice in writing to City where cause shall be the City's abandonment or termination of <br /> use of the facilities. Cause shall exist also if City violates any substantive portion or <br /> requirement of this Easement Agreement and the violation is not remedied within 90 days <br /> after City receives written notice of the violation from the District , or if the violation is not <br /> subject to reasonable remedy. <br /> 8. Binding Effect. The Easement provided herein and the rights and <br /> obligations under this Easement Agreement are intended to and shall run with the <br /> Property and shall benefit and bind the Parties and their respective heirs, successors and <br /> assigns. This Easement Agreement and Easement contained herein are not transferable <br /> by the City. <br /> 9. Nonwaiver. The failure of either Party to insist upon or enforce strict <br /> performance by the other Party of any provision of this Easement Agreement, or to <br /> exercise any right under this Easement Agreement, shall not be construed as a waiver or <br /> relinquishment to any extent of the first Party's right to assert or rely upon any such <br /> provision or right in that or any other instance; rather, the same shall be and remain in full <br /> force and effect. <br /> 10. Entire Agreement. The District and the City understand and agree that this <br /> document constitutes the whole agreement between them and supersedes all other prior <br /> agreements and understandings, whether oral or written, with regard to the subject matter <br /> of this Easement Agreement. This Easement shall not be modified or amended except by <br /> written amendment. <br /> 11 . Fair Meaning. The terms of this Easement Agreement shall be given their <br /> fair meaning and shall not be construed in favor of or against either Party hereto because <br /> of authorship. This Easement Agreement shall be deemed to have been drafted by all <br /> Parties. <br /> 12. Severability. <br /> 4 <br />