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<br />. <br /> <br />. <br /> <br />. <br /> <br />Exhibit E: Public Trailway Easement <br /> <br />2. The Trail Easement granted in Section I shall be subject to the following <br />conditions and reservations: <br /> <br />(a) Grantor, its successors and assigns shall not be liable to the City or <br />anyone claiming by, through or under the City for any damage to the City or any other <br />person from interruption, obstruction or damage to the Trail Easement. <br /> <br />(b) Grantor reserves a right of access to the Property in, to, over, under and <br />across the Trail Easement (including the right to install utilities and driveway improvements <br />in a manner not inconsistent with the easement so granted). <br /> <br />(c) City shall maintain and repair, or cause to be maintained and repaired, <br />in a good and safe condition, the existing trail for nonmotorized travel on the Trail Easement. <br />The maintenance and repair of said trail shall be at the City's sole cost and expense, and <br />Grantor, its successors and assigns shall not be assessed for the costs of such maintenance or <br />repair. <br /> <br />(d) City shall be solely responsible to carry appropriate liability insurance <br />coverage on the Trail Easement and shall indenmifY and hold harmless Grantor, its <br />successors and assigns from any and all liability or damages arising from maintenance or any <br />use whatsoever of the Trail Easement. <br /> <br />(e) City may, but shall not be obligated to, impose such reasonable rules, <br />regulations and ordinances governing the maintenance, repair and use of the Trail Easement <br />as it deems appropriate and desirable; PROVIDED, that the City shall not prohibit the fee <br />owner or owners of the Property across which the Trail Easement runs from reasonable use <br />of the Trail Easement and the Property. <br /> <br />(f) The City shall indemnifY, defend and hold harmless Grantor from and <br />against any and all claims, demands, losses, damages, cost and expenses (including but not <br />limited to court costs, penalties and reasonably attorneys' fees), judgments, liabilities and causes <br />of action of any nature whatsoever resulting from or relating to the use or occupancy of the Trail <br />Easement by the City, its agents, employees, licensees, and invitees (including, without <br />limitation, members of the general public) or arising in any manner out of the acts or omissions <br />of the City or its agents or employees in connection with the Trail Easement or with the use or <br />occupancy of the Trail Easement. The indemnity obligations set forth in this section shall <br />survive any termination of this Agreement or the easement granted hereunder. <br /> <br />3. City may delegate the right to use the Trail Easement to its employees, <br />contractors, invitees and the general public in accordance with such rules and regulations the <br />City may from time to time adopt, provided the general public shall not be allowed to <br />conduct any installation, maintenance, or repair activities on or associated with the Trail <br />Easement. <br /> <br />-2- <br />