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2012_0423_Packet
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2012_0423_Packet
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10/12/2012 3:06:58 PM
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4/19/2012 4:13:11 PM
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52harmless from and against any and all claims, losses, liabilities, demands, actions, judgments, <br />53damages, costs and expenses (including attorney’s fees incurred by the City) arising out of or <br />54related to: (a) the construction, maintenance and repair of the Encroachments, (b) the existence <br />55of the Encroachments in the Easement Area, (c) the Owner’s use of the Easement Area, and (d) <br />56any breach by the Owner of the covenants and agreements in this Agreement. <br />57 5. In the event that: a) the Encroachments are removed from the Easement Area for a <br />58continuous period in excess of 180 days, or b) the Owner shall fail to comply with any of the <br />59Owner’s obligations under this Agreement following delivery by the City to the Owner of a 15 <br />60day prior written notice of such non-compliance, the Owner’s right to construct, repair, maintain <br />61or otherwise have the Encroachments within the Easement Area shall terminate; provided, <br />62however, that if the Owner’s failure to comply with an obligation under this Agreement is such <br />63that more than 15 days are required to cure such non-compliance, then the Owner shall not be in <br />64default so long as the Owner commences to cure such non-compliance within said 15 day period <br />65and thereafter diligently proceeds to cure such non-compliance. Upon termination the Owner <br />66shall remove all Encroachments from the Easement Area (if not already removed) at the Owner’s <br />67own cost in accordance with all applicable laws, ordinances and regulations pertaining thereto. <br />68In the event that the Encroachments are not removed within 30 days after the termination date, <br />69the City shall have the right, upon giving the Owner 10 days prior written notice, to remove the <br />70Encroachments, in which case the Owner shall be responsible for the cost thereof. Any amounts <br />71due hereunder shall be fully paid within 10 days following the delivery of written demand <br />72therefor upon the Owner. <br />73 6. In order to accommodate the Owner’s use of the Easement Area as provided in <br />74this Agreement, the Owner grants and conveys to the City an ingress and egress easement over <br /> <br />
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