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{ 9Y_ <br /> approval shall cease all such activity and remove any and all improvements placed therein without <br /> the written agreement of the other party if such improvement(s) were placed by Grantor and <br /> unreasonably interfere with any easement rights or if such improvement(s)were placed by Grantee <br /> and exceed the scope of any easement rights. In the event either party fails to obtain approval of <br /> the other party and the improvement placed by Grantor unreasonably interferes with Grantee's <br /> easement rights or the improvement placed by Grantee exceeds beyond any easement rights, the <br /> party acting without approval hereby authorizes the other party to remove any and all such <br /> improvements placed or constructed therein and holds the other party, its officers, employees and <br /> agents harmless from damage caused to said improvements arising out of or related to their <br /> removal. The party acting without approval further agrees to pay the other party for any and all <br /> costs incurred by the other party in removing the improvements. This right is in addition to any <br /> other right the parties may have at 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 and obtain the <br /> Grantor's prior written approval, which may contain conditions on hours and traffic control, and <br /> which prior written approval shall not be unreasonably withheld or delayed or conditioned. <br /> Provided, however, that denial of such a request for non-emergency work or activity does not <br /> constitute an unreasonable denial or delay if: (1) such work would occur less than 48 hours after <br /> the delivery of the request; (2) such work,in the sole judgment of the Grantor,would conflict with <br /> the customary transportation of cargo; or (3) such work, in the sole judgment of the Grantor, <br /> interferes with Grantor's obligations with respect to the operation or performance of the activities <br /> at the terminal of the Grantor and its tenants, contractors, employees, and assigns. If the Grantor <br /> -4- <br /> 65 <br />