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City in removing the hazard. This right is in addition to any other right the City may have at law or
<br /> in equity. In the event of a disagreement as to the existence of a hazard or as to what method may be
<br /> used to remove the hazard,the parties shall resolve the disagreement pursuant to the dispute resolution
<br /> provisions set forth below. Nothing in this Section shall require Grantor to pay for the costs of
<br /> removing existing subsurface conditions at the time of any construction, maintenance or repair
<br /> activities;provided,however,this provision shall not affect any responsibility Grantor may have under
<br /> applicable contractual or statutory environmental provisions or laws or under Section 6 of this
<br /> Agreement.
<br /> 5. In the event Grantor places any improvements within the Temporary Construction
<br /> Easement area without first having obtained the written approval of the City Engineer as required by
<br /> the foregoing Paragraph 3, the Grantor shall cease all such activity and remove any and all
<br /> improvements placed therein without the written agreement of the City Engineer. Notwithstanding
<br /> anything to the contrary in this Agreement, the placement or storage of portable solid waste shipping
<br /> containers within the Temporary Construction Easement shall not be considered or treated as an
<br /> "improvement" as long as the placement of such containers within the Temporary Construction
<br /> Easement does not unreasonably interfere with the City's construction, maintenance and/or repair
<br /> activities. If there is a need temporarily to remove portable solid waste shipping containers in order
<br /> to accommodate construction, maintenance and/or repair activities by the City in the Temporary
<br /> Construction Easement, the City shall give Grantor reasonable advance notice of the need for such
<br /> temporary removal, and Grantor shall remove such containers from the Temporary Construction
<br /> Easement in a timely manner for the period necessary to accommodate such construction,maintenance
<br /> or repair activities. In the event Grantor fails to obtain prior approval or cause such a temporary
<br /> removal of portable solid waste containers in a timely manner, Grantor hereby authorizes the City to
<br /> remove such containers and to relocate them elsewhere on the Property, and Grantor agrees to hold
<br /> the City, its officers, employees and agents harmless from damage caused to such containers arising
<br /> out of or related to any such removal and relocation on the Property. Grantor shall pay the City for
<br /> any and all costs incurred by the City in effectuation such a removal and relocation of any such
<br /> containers. This right is in addition to any other right the City may have at law or in equity.
<br /> 6. A. Subject to Section 6.B below, Grantor releases, indemnifies and promises to
<br /> defend and save harmless the City, its officers, employees and agents from and against any and all
<br /> liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees
<br /> incurred by the City,its officers, employees and agents in defense thereof, asserting or arising directly
<br /> or indirectly on account of or out of Grantor's use or activity within the above-described Easement
<br /> during the term of this Agreement. Subject to Section 6.B below, the City does release, indemnify
<br /> and promise to defend and save harmless the Grantor, its respective officers, employees, agents,
<br /> successors, assigns and any future lessees or sublessees of the Property from and against any and all
<br /> liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees
<br /> incurred by the Grantor, or any of its respective officers, employees, agents, successors, assigns and
<br /> future lessees or sublessees of the Property in defense thereof,asserting or arising directly or indirectly
<br /> on account of or out of the City's exercise of rights pursuant to this Agreement during the term of this
<br /> Agreement. This paragraph does not purport to indemnify the City or the Grantor against liability for
<br /> damages arising out of bodily injury to persons or damages to property caused by or resulting from
<br /> the sole negligence of, respectively, the City, or the Grantor, or their respective officers, employees,
<br /> agents successors, assigns or future lessees or sublessees of the property across which the Temporary
<br /> Construction Easement extends; provided, that if the claims or damages are caused by or result from
<br /> the concurrent negligence of(a)the Grantor, its officers, agents, successors, assigns or future lessees,
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