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property records of the county in which the Property is located agreeing to be bound by the <br /> terms and conditions of this Easement. <br /> 4. Maintenance. Grantee shall be responsible for maintaining any lines that it installs <br /> in the Easement Area in good condition and repair. Grantee shall not unreasonably interfere <br /> with the rights of others in their use of this Easement Area. <br /> 5. Indemnity. Grantee shall indemnify, protect and defend Grantor against and hold <br /> Grantor harmless from any and all claims. causes of action, judgments, obligations or liabilities, <br /> and all reasonable expenses incurred in investigation or resisting the same (including reasonable <br /> attorneys' fees), to the extent they arise out of. the installation, maintenance, and use of the <br /> Easement Area by Grantee and /or Grantee's agents, employees, contractors (and their <br /> subcontractors), and invitees (including any subtenant or assignee of Grantee). except to the <br /> extent it arises from the active negligence or willful misconduct of Grantor or Grantor's agents, <br /> employees contractors (and their subcontractors) or invitees. <br /> 6. General Provisions. <br /> a. Assignment: Binding on Successors. This Easement runs with the land and <br /> shall be binding upon and inure to the benefit of the respective parties. <br /> b. Entire Agreement. This Easement constitutes the entire agreement between <br /> the parties hereto with respect to the subject matter hereof, and terminates and supersedes as of <br /> the date hereof any prior agreement(s) between the parties. written or oral, concerning the same. <br /> Any subsequent modification of this Easement shall be in writing and signed by both parties or <br /> their respective successors in interest. <br /> c. Severabilitv. The invalidity of any of the provisions of this Easement, or any <br /> portion thereof, shall not affect the remaining portions hereof for any party hereto and this <br /> Easement shall be construed as if such provision had not been inserted herein. <br /> d. Governing Law. This Easement shall be governed by and construed in <br /> accordance with the laws of the State of California. <br /> IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as <br /> of the date and year first above written. <br /> "GRANTOR" <br /> CITY OF SAN LEANDRO, CALIFORNIA <br /> By: <br /> • — — <br /> / John J. Jermanis <br /> PA\993215.1 <br /> 1130539. 902800 <br />