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7. The indemnification, defense, and hold harmless obligations under Section 6.A <br /> above are not applicable to any liability, loss, damage, expense, actions or claims arising from the <br /> City's negligent, willful, or intentional failure to obtain permission to conduct work or activity <br /> contrary to the promises set forth in Sections 1, 2 and 5 above which interferes with the Grantor's <br /> operations, or that of its agents, tenants, contractors, employees, assigns, and the like, or the <br /> performance of work by Longshoreman,that result in economic loss to the Grantor. <br /> 8. The Grantor also covenants to the City that Grantor is lawfully seized and possessed <br /> of the Easement Area; has a good and lawful right and power to grant this Easement; that the <br /> Easement Area is free and clear of encumbrances inconsistent with the Easement; and that Grantor <br /> will forever warrant and defend the title to the Easement and the quiet possession thereof against <br /> the lawful claims and demands of all other persons claiming by,through or under Grantor. <br /> 9. If the City should choose to abandon or cease to use the Easement or Easement <br /> Area for the uses permitted hereby,then the City shall give written notice to the Grantor. Grantor <br /> then may,at its option,terminate this Agreement and the rights of the parties hereunder by serving <br /> sixty (60) days' notice in writing on the City, in which case the Easement Improvements become <br /> the property of the Grantor, with Grantor accepting such improvements "AS-IS." Any waiver by <br /> Grantor of any default or defaults shall not constitute a waiver of the right to terminate the <br /> Easement, nor shall any waiver in any way affect Grantor's ability to enforce this Agreement. <br /> 10. The rights and obligations of the Grantor and City shall inure to the benefit of and <br /> be binding upon their respective heirs, successors and assigns. <br /> 11. In the event that a dispute under this Agreement arises between the parties, both <br /> parties agree to work diligently and expeditiously to resolve that dispute. If a dispute arises, at the <br /> request of one party, both parties shall meet, within three (3) days to discuss the substance of the <br /> -7- <br /> 68 <br />