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Which must be done in a manner differently than the manner normally <br />used if the full 10-foot PSE would have been available, including any <br />necessary removal of a portion of the structure. <br /> <br /> 3. Owner agrees to indemnify and hold City harmless against <br />any and all claims, suits, loss, cost, or liability on account of <br />damage to property caused by or occurring in connection with <br /> <br />City's use, maintenance, repair, and/or replacement of the sanitary <br />sewer line located within the PSE, including City's negligent or <br />willful acts or omissions. <br /> <br /> 4. This agreement shall run with the land and be binding upon <br />any and all heirs, assigns, and successors in interest of Owner <br />having an interest in the Lot. <br /> <br /> 5. In the event any party to this agreement shall bring an <br />action or proceeding against the other party by reason of the <br />breach or alleged violation of any covenant, term, or obligation <br />hereof, or for the enforcement of any provision hereof, or an <br />action or proceeding otherwise arises out of this agreement, the <br />prevailing party in such an action or proceeding shall be entitled <br />to its costs and expenses of suit, including, but not limited to, <br />reasonable attorney's fees. <br /> <br />-2- <br /> <br /> <br />