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arising out of the use of the Easement Area by the City, its contractors and agents or the <br />general public for the purposes granted herein, excluding, however, from such indemnity any <br />loss resulting from acts of Owner and his invitees. The City shall be responsible for <br />obtaining and maintaining public liability insurance over the Easement Area in such limits as <br />City, in its sole discretion, deems reasonable and sufficient. <br />4. Owner's Covenants. Owner covenants and agrees that: <br />a. The Easement Area shall not be encroached upon by fill, excavation, <br />paving or concrete, erection of buildings or permanent enclosures, fences or walls, or <br />other obstructions by Owner which would interfere with, or which would otherwise <br />obstruct access to the Public Improvement in any manner by Owner. <br />b. Owner has the lawful right and authority, without restriction, to convey <br />the easements as herein granted, that the Easement Area is not subject to any other <br />interest other than the interests of Owner and The Prudential Home Mortgage <br />Company, Inc. and First Trust National Association, mortgagees on the Property who <br />have consented to this Agreement, and that the Easement Area is embraced wholly <br />within the Property. <br />5. Binding Effect. The terms, provisions and easements provided herein shall <br />inure to the benefit of and be binding upon the heirs, legal representatives, successors and <br />assigns of the Owner. The covenants, agreements and easements contained herein shall be <br />deemed to run with, burden and benefit the Property. <br />6. Termination of Easements. In the event that use of the Easement Area is at <br />anytime discontinued by the City, the City shall have the right, but not the duty, to enter <br />further upon the Easement Area and remove all or any portion of the Public Improvement <br />which has been placed upon, over or under the Easement Area. <br />IN WITNESS WHEREOF, this Agreement has been executed as of the day and year <br />first above written, subject to all of the terms and conditions herein set forth. <br />CITY OF ORONO <br />am <br />:m <br />267/22121329 9/5/96 2 <br />CIWAKNW 7 <br />'�' - 6 <br />Craig J. ir denburg <br />Therese M. Brandenburg <br />