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this easement and agreement, except for such claims, demands, actions or proceedings arising from <br />or related to City's negligence or willful. misconduct. <br />6. Removal of Facilities Upon request from City after termination of the easement and this <br />agreement, Grantee shall remove all its facilities from the easement and restore the property to its <br />original condition, except for natural changes to the property. <br />7. Access to Easement If Grantee needs to use any portion of the property described in <br />Exhibits A & B for access to the easement for purposes of installation or maintenance of its facilities, <br />Grantee shall first obtain City's approval for such access, except in cases of emergencies to make <br />necessary repairs and restore service on the facilities, and such` access' shall be undertaken in a <br />manner that will minimize harm' to the natural environment' and use.'of the property for park <br />purposes. <br />8. City's Obligations City agrees: <br />8.1 It shall not erect nor allowed to be erected any structures under,.upon or-within five (5) <br />feet of the easement described in Exhibits A & B. <br />8.2 Grantee may from time to time add, change, increase or decrease the size, weight, <br />number or type of its underground cables, wires, conduits, poles, equipment, appliances or <br />appurtenances within the easement described in Exhibits A & B. <br />8.3 Grantee, its contractors, employees, and agents, shall have the right to enter upon the <br />property described in Exhibits A.& B for the purposes of installing, maintaining, accessing, or <br />removing its telecommunications facilities with the right to remove'-obstructions as may interfere <br />with the installation or operation of the telecommunications facilities, PROVIDED THAT Grantee <br />complies with the conditions set forth in paragraphs 4.2 through 4.6, 4.8, 4.9 and 7 above. <br />8.4 No later than one year prior to the expiration of this easement, Grantee may notify City <br />that Grantee wishes to renew this easement for an additional term. City will in good faith consider <br />such a request, but City is not obligated to renew this easement beyond the term provided in this <br />Agreement. If City is willing to renew the easement, the'terms will be subject to negotiation. <br />9. Limited Rights of Assignment The easement. granted herein is for Grantee's sole use. <br />Grantee may not transfer or assign the rights granted herein without the express written consent of <br />City, which shall not be unreasonably withheld, provided that City retains the right to deny consent <br />to an assignment or other use that will substantially increase the burden upon the servient estate or <br />increase Grantee's or its assignee's exercise of rights under paragraph '8.3. <br />Easement for Ten Years and Agreement <br />for Commercial Use of Municipal Property - 3 <br />