2015-033 Council Resolution - Laserfiche WebLink

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• • action arising from or in connection with any such mechanic's or materialman's lien, including, without limitation, attorney's fees and expenses and court costs and ii) to obtain and maintain the insurance required pursuant to this Agreement. 5. Grantee hereby agrees that Grantee shall be responsible for all maintenance and repairs relating to the Easement granted herein and shall be directly responsible for the payment of all costs and expenses incurred in connection therewith. As used herein, the phrase "maintenance and repairs" shall mean that the easement and all improvements to be constructed therein in connection with the use and enjoyment thereof shall be kept at all times and from time to time in good order and condition and in compliance with all applicable governmental requirements, including, without limitation, i) the maintenance, repair and/or replacement of any portion or portions thereof as may from time to time be necessary, and ii) the repair and restoration of any damage caused to the property of Grantor resulting from such maintenance, repair and/or replacement. 6. To the extent allowed by law, Grantee agrees to indemnify and defend Grantor and to hold Grantor harmless from and against any loss, claim, damage, cost, expense, liability, action or cause of action, including, without limitation, attorneys' fees and expenses and court costs, arising out of or incurred in connection with Grantee's use of the Easement unless the loss, claim, damage is caused by the negligence or willful misconduct of Grantor. 7. Grantor's rights and responsibilities under this Agreement shall run with the land which is subject to the Easement. To Grantor's actual knowledge Grantor is the owner of Parcels 1 and 2 and has the right, title and capacity to convey this Easement to Grantee. 8. The Grantee's rights and responsibilities under this Easement are not assignable. STATE DEED TAX DUE: NONE.