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(a) Grantor grants to Grantee a private utility easement providing Grantee the right to retain the existing cable service equipment and appurtenances thereto inside the Private Utility Easement Area. (b) Grantor grants to Grantee anon-exclusive surface access easement for all purposes necessary to maintain, repair, and replace said equipment inside the Private Utility Easement Area. Equipment must be replaced in kind, and the replacement equipment cannot differ significantly from the item to be replaced in size, material, or performance unless approved by the City Manager or his designee. 2. Term These easements shall continue in full force and effect in perpetuity from the date of recordation of this Grant of Easement, except as maybe provided for in Section 6 of this Grant of Easement. 3. Maintenance Grantee shall be responsible for maintaining any cable service equipment and appurtenances thereto, as described above, that is located inside the Private Utility Easement Area in good condition and repair. Grantee shall not unreasonably interfere with the rights of Grantor to use this Private Utility Easement Area and Access Easement Area. Grantee shall be fully responsible for the repair of any damage caused to the easement areas during the course of its use by Grantee and shall make such repair as necessary to restore the easement areas to its original condition upon notice of any damage. Installation of any new equipment inside the Private Utility Easement Area is not covered by this Grant of Easement and prior approval must be granted by the City Manager or his designee. 4. Indemnity Grantee shall indemnify, protect, and defend Grantor against and hold Grantor harmless from any and all claims, causes of action, judgments, obligations or liabilities, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys' fees), that arise out of the installation, maintenance, and/or use of the cable service equipment and appurtenances located inside the Private Utility Easement Area by Grantee and/or Grantee's agents, employees, contractors (and their subcontractors), and invitees (including any subtenant or assignee of Grantee), except to the extent it arises from the gross negligence or willful misconduct of Grantor or Grantor's agents, employees, contractors (and their subcontractors), or invitees. 5. General Provisions a. Assignment: Binding on Successors These easements run with the land and shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. b. Entire Agreement These easements constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and terminates and