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Adjacent Property currently use the City Property for access to <br />the Messer Property and the Adjacent Property. As a condition <br />precedent to the sale of the City Property, Messer shall deliver <br />an Easement Agreement executed by and between Messer and the <br />owners of the Adjacent Property whereby Messer shall grant a <br />perpetual access easement to the owners of the Adjacent Property <br />which Easement Agreement shall be recorded at Messerts expense. <br />10. Use of ProoertY. Messer shall hold the City harmless <br />and hereby releases the City from any and all claims, causes of <br />action or judgments, including attorneys fees and other costs <br />incurred in defending the same, arising out of or related to the <br />existence of any hazardous substances present or previously <br />present on the City Property. <br />11. Benefit. The provisions of this Agreement shall inure <br />to the benefit of and bind Messer, the City and their respective <br />successors and assigns, but nothing herein shall be construed to <br />permit Messer to assign their interests in this Agreement without <br />the City's prior written approval. <br />12. Headings. The headings of the paragraphs and <br />subparagraphs of this Agreement are for convenience or reference <br />only and do not form a part hereof and in no way interpret or <br />construe such paragraphs or subparagraphs. <br />13. SnterchangabilitY of Words. Words and pronouns shall be <br />interchangable with respect to gender, singular and plural as a <br />context or application requires. <br />-4- <br />