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structure within two feet of the north line of Spates Avenue, formerly Central Avenue. If the City <br /> takes formal action to discontinue use of the Electrical System on the easement premises, this <br /> easement shall ternunate. <br /> 2. A temporary construction easement over, across, on, under, and through the land <br /> situated in the County of Hennepin, State of Minnesota, as legally described on the attached <br /> Exhibit"A" and depicted on the attached Exhibit"B". To have and to hold the same,unto the City, <br /> its contractors, agents, servants and assigns, commencing on the effective date of this easement and <br /> expiring December 1, 2016, together with the right of ingress to and egress from the temporary <br /> easement premises, for the purpose of constructing, reconstructing, inspecting, repairing, and <br /> maintaining the Electrical System, at the will of the City, its successors and assigns. Grantor <br /> hereby grants the uses herein specified without divesting itself of the right to use and enjoy the <br /> above described temporary easement premises, subject only to the right of the City to use the same <br /> for the purposes herein expressed. As a condition of said temporary construction easement grant, <br /> the City shall, upon completion of construction and prior to termination,restore the ground surface <br /> of the temporary construction easement premises to its original condition so far as is reasonably <br /> practicable with the exception of any grade changes, bank sloping, ditching, fills, slope <br /> construction, cuts and any removal of earth,other materials,trees and other vegetation. <br /> Subject to the statutory limits under Minnesota Statutes chapter 466, the City shall <br /> indemnify, defend,protect and hold harmless the Grantor from and against any and all claims, cost <br /> and liabilities(including reasonable attorneys' fees and costs) arising from property loss or damage <br /> or personal injury or death occurring as a result of the Electrical System, except for claims, costs <br /> and liabilities to the extent arising from the negligence or willful misconduct of the Grantor, its <br /> officers, employees, contractors or agents. Nothing herein shall be deemed a waiver by the City of <br /> 2 �186729v] <br />