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<br />persons, including property and employees or agents of City, and shall defend, inderrmify
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<br />and save harmless City, its officers, agents, employees, successors and assigns, from all
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<br />claims, demands, suits, actions or proceedings of any kind, and all costs and expenses,
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<br />including but not limited to reasonable attorney fees, settlements or judgments, for loss of
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<br />or damage to property and for injuries to or deaths of persons, including property and
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<br />employees or agents of City, arising out of the construction, reconstruction, maintenance,
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<br />presence, operation, use or removal of said structure, regardless of any negligence or
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<br />alleged negligence on the part of City, its officers, agents and employees arising out of
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<br />the construction maintenance, presence, operation, use or removal of said structure.
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<br />Grantee shall further defend, inderrmify, and save harmless City, its officers,
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<br />agents and employees, from and against all claims, demands, sits, actions or proceedings
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<br />resulting from or arising out of the negligent, intentional or malicious acts or omissions
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<br />of Grantee, its employees, contractors or subcontractors.
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<br />Should Grantee, its successors or assigns, at any time abandon the use of said
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<br />structure or any part thereof or fail at any time to use the same for the purpose
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<br />contemplated herein for a continuous period of one (1) year, the right hereby given shall
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<br />cease to the extent of the use so abandoned or discontinued, and City shall at once have
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<br />the right, in addition to, but not in qualification of the rights hereinabove reserved, to
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<br />resume exclusive possession of said property.
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<br />12. Upon termination of the rights and privileges hereby provided, Grantee, at his
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<br />own cost and expense, agrees to remove said structure from Fisher Park and restore the
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<br />immediate area around the monitoring well as nearly as practicable to the same state and
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<br />condition in which it existed prior to the construction of said structure. Should Grantee
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<br />1011/2008
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<br />Page 4 of7
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