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EASEMENT <br /> account of or out of Grantor's use or activity within the above-described easement. This <br /> paragraph does not purport to indemnify the City against liability for damages arising out of <br /> bodily injury to persons or damages to property caused by or resulting from the sole negligence <br /> of the City, its officers, employees and agents;provided,that if the claims or damages are caused <br /> by or result from the concurrent negligence of(a) the Grantor, its agents, successors or assigns, <br /> and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and <br /> enforceable to the extent permitted by law. <br /> 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of <br /> the land aforesaid; has a good and lawful right and power to sell and convey same; that same is <br /> free and clear of encumbrances, except as above indicated; and that Grantor will forever warrant <br /> and defend the title to said easement and the quiet possession thereof against the lawful claims <br /> and demands of all persons whomsoever. <br /> 8. The rights and obligations of the Grantor and City shall inure to the benefit of and be <br /> binding upon their respective heirs,successors and assigns. <br /> Executed as of the date hereinabove set forth. <br /> GRANTOR: <br /> RJCMM ENTERPRISES LLC <br /> By:: Ra i cCarty,Man ing Member <br /> [Acknowledgement on following page] <br /> 4 <br />