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City, at any time and for any reason, desires that the conduit be relocated, Bonten agrees to relocate the conduit wholly at its own cost. 5. Obstrucfions. The City makes no representationsregarding the existence andior location of any utilities, pipelines, or other obstructions within the Right of Way or the accuracy of any maps or documents of the City showing the location of the same. 6. Indemnity and Hold Harmless. in consideration of being allowed to encroach on the City's Right of Way, Bonten agrees to defend, indemnify and hold the City harmless from: (1) any damages to Bonten that are the result of the use of the Right of Way by the City or any other user licensed or permitted by the City and (2) for any damages to the City or any other user of the Right of Way that are caused by, or in any way related to, the existence, construction or maintenance of the conduit or any other use permitted under this Agreement. 7. Terminafion. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the subj ect property thirty (30) days advance written notice. The written notice can require the property owner to remove the conduit on or before the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the conduit without payment of any costs for any reason to Bonten. 8. Recording. This Agreement with Exhibit B shall be recorded against the title to the subject property. This Agreement shall attach to, bind, and nm with the land, and shall inure to the benefit of and be binding upon the City and Bonten and subsequent owners and transferees of the Right of Way and the subject property, their respective heirs, representatives, successors and assigns and as they may permit, their respective members, tenants, guests, licensees and invitees. Encroachment Agreement Page 2 of 4