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Inst 2013262833
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Inst 2013262833
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Last modified
8/21/2013 1:42:02 PM
Creation date
6/10/2013 3:42:43 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/3/2013
Recorded Document Type
Deed
Easement
Retention
PERM
Document Relationships
Reso 2013-073
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2013
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8. Indemnity. Grantee shall indemnify, protect, and defend Grantor against and hold Grantor <br /> harmless from any and all claims, causes of action,judgments, obligations or liabilities, and all reasonable <br /> expenses incurred in investigating or resisting the same (including reasonable attorneys'fees) that arise <br /> out of the installation, maintenance, and/or use of the equipment and appurtenances thereto in the <br /> Easement Area by Grantee and/or Grantee's agents, employees, contractors (and their subcontractors), <br /> and invitees (including any subtenant or assignee of Grantee), except to the extent it arises from the active <br /> negligence or willful misconduct of Grantor, or Grantor's agents, employees, contractors, or invitees. <br /> 9. Severability. If any term, provision, covenant or condition contained in this Agreement is <br /> held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this <br /> Agreement shall continue in full force and effect unless the rights and obligations of the Parties are <br /> materially altered or abridged by such invalidation, voiding or unenforceability. <br /> 10. Representation. This Agreement is executed voluntarily by each of the Parties hereto, <br /> both of which have had the opportunity to obtain legal advice by independent counsel of their choice as to <br /> the content and effect of this Agreement. <br /> 11. Authorization. Each signatory to this Agreement warrants that he or she has full <br /> authority to execute this Agreement on behalf of and thus bind the entity represented. <br /> SIGNATURES ON FOLLOWING PAGE <br /> 4 Grant Deed for Easement to Access Underground Facilities <br />
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