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denies such a request, the Grantor shall provide a reasonable alternative time for the City to do the <br /> work. <br /> 6. A. Subject to Section 6.B below,and notwithstanding and without prejudice to <br /> any other applicable rights and remedies under law or in equity, to the extent of Grantor's <br /> negligence, intentional misconduct or violation of applicable law or violation of this Agreement, <br /> Grantor does release, indemnify and promise to defend and save harmless the City, its officers, <br /> employees and agents from and against any and all liability, loss, damage, expense, actions and <br /> claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees <br /> and agents in defense thereof, asserting or arising directly or indirectly on account of or out of <br /> Grantor's use of the Easement Area or activity within the Easement Area. Subject to Section 6.B <br /> below, and notwithstanding and without prejudice to any other applicable rights and remedies <br /> under law or in equity, to the extent of the City's negligence, intentional misconduct or violation <br /> of applicable law or violation of this Agreement, the City does release, indemnify and promise to <br /> defend and save harmless the Grantor, its officers, employees, and agents from and against any <br /> and all liability, loss, damage, expense, actions and claims, including costs and reasonable <br /> attorney's fees incurred by the Grantor, its officers, employees, and agents in defense thereof, <br /> asserting or arising directly or indirectly on account of or out of the City's use of the Easement or <br /> activity within the Easement Area. This paragraph does not purport to indemnify the City or the <br /> Grantor against liability for damages arising out of bodily injury to persons or damages to property <br /> caused by or resulting from the sole negligence of,respectively,the City or the Grantor,its officers, <br /> employees, and agents; provided, that if the claims or damages are caused by or result from the <br /> concurrent negligence of(a) the Grantor, its officers, employees or agents, and (b) the City, its <br /> officers, employees or agents, the parties' respective responsibilities shall be allocated by their <br /> -5- <br />