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necessary for the construction of the realigned Pimlico Drive in <br /> accordance with improvement plans dated June 15, 1984 for Pimlico <br /> Drive on file with the Engineering Division of the City of <br /> Pleasanton. <br /> <br /> 2. As a material part of the giving of this right-of-entry, <br />the City shall indemnify, defend and hold Shepherd ("Indemnified <br />Party") harmless from and against any loss, damage, liability or <br />expense (including, but not limited to, attorneys' fees and costs <br />incurred in defending against any claim against the Indemnified <br />Party) arising out of or resulting from any entry upon, or <br />activities on or about, the Property by the City, or~any agent, <br />representative or contractor of the City (including, but not limited <br />to, The Prudential Insurance Company of America). This indemnity <br />and hold harmless covenant shall include, but not be limited to, any <br />claims for personal injury or damage to property or any claims <br />or liens of persons supplying labor, materials and supplies to or <br />for the Property. If the City should receive notice of any claim <br />covered by this indemnity, the City shall immediately notify <br />Shepherd of the existence of such claim and undertake the defense <br />of such claim with legal counsel reasonably satisfactory to Shepherd. <br /> <br /> 3. Upon completion of'the work described in paragraph 1 <br /> <br />of this Agreement, the City shall leave the Property in a rough. <br />graded condition, free of debris and other extraneous material. <br /> <br /> 4. The City acknowledges that Shepherd is entering into <br /> <br />the Agreement without having completed negotiation of the terms of <br />the City's acquisition of the necessary right-of-way in order to <br />expedite the making of certain road and other improvements on or <br />about the Property. Neither the giving of this right-of-entry <br /> <br /> _?_ <br /> <br /> <br />