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