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A fence will be constructed along the western boundary of the <br />Property. <br /> <br /> 4. Waiver of Claims. Owner assumes no responsibility for <br />the guarding and safekeeping of property, equipment, or <br />improvements as a result of granting this temporary construction <br />easement. City and its agents hereby waive all claims against <br />Owner and agrees to hold Owner harmless from any claims for <br />damages to materials, supplies, equipment or other property, and <br />persons in or upon the subject Property from any cause arising <br />from this granting of a temporary construction easement. <br /> <br /> 5. Hold Harmless. City or its agent shall and will assume <br />the defense and indemnify and save the Owner, its employees and <br />agents, free and harmless from and against any and all claims, <br />demands, liabilities and judgments for or by reason of any <br />damage, loss, personal injury or death, caused by or arising out <br />of City or its agent's act or failure to act, in the occupancy, <br />maintenance, operation or use of the subject premises, and City <br />and its agents hereby agree to pay and discharge all costs, <br />charges and expenses that may be incurred in connection therewith <br />and any and all judgments that may be rendered by reason thereof. <br /> <br /> - 2 - <br /> <br /> <br />