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Upon completion of City's use of the Temporary Easement Area pursuant to this Temporary Construction Easement Agreement, the City shall, prior to expiration of the temporary easement granted herein and at City's expense, remove all debris and restore the Temporary Easement Area to a condition equivalent to or better than that which existed prior to such disturbance. City shall defend, indemnify and hold Grantor harmless for, from and against any and all claims, demands, losses, damages, expenses and liabilities, including personal injury and forany damage to or loss or destruction of property, suffered by Grantor, its tenants, employees and invitees, arising out of or resulting from use, maintenance, repair or restoration of the Temporary Easement Area by City, its officers, employees, agents or contractors; provided however, that Grantor shall not be entitled to such indemnification for damage caused to Grantor or any third party by reason of the sole negligence or misconduct of Grantor or damage caused by the concurrent negligence of Grantor to the extent of such concurrent negligence. City's obligations under this paragraph shall survive the expiration or other termination of this Temporary Construction Easement Agreement. The temporary easement granted hereby is subject to all prior easements and encumbrances of record. The temporary easement granted hereby shall be non-exclusive and Grantor reserves the right to grant other easement rights in and to the Temporary Easement Area; provided that such easement rights shall not unreasonably interfere with the easement rights granted herein. IN WITNESS WHEREOF, the grantor ereto has ga used this Temporary Construction Easement Agreement to be executed as of this Z7� day of L1epk Am , 2021. Dated : MILZ az 2_02f 110933660.2 0060972-00016