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Grantee hereby agrees to defend,indemnify,and hold harmless Grantor from and against any and all claims,liability, and <br /> damages caused by Grantee's activities related to said easement, except to the extent that such claims arise from the negligence or <br /> willful misconduct of Grantor,its employees,agents and contractors. <br /> To the extent Grantor removes the vehicle charging stations, and such removal is not part of a relocation, Grantor may, <br /> upon sixty(60)days written notice, terminate this easement and Grantee shall execute a quitclaim on a mutually acceptable form. <br /> However, except in connection with a termination of that certain Charge Ready Participation agreement affecting Grantor's <br /> property(the"CR Agreement)in accordance with the terms thereof,in no event will the vehicle charging stations be removed for <br /> a period of ten (10) years from "In-Service Date" (as defined in the CR Agreement). Upon termination, Grantee shall have a <br /> limited right to access the property for the purpose of removing its facilities or Grantee may abandon its systems in place. In <br /> addition, upon written request, Grantee will execute a quitclaim of this easement on terms reasonably acceptable to Grantee and <br /> Grantor. <br /> EXECUTED this day of 20 <br /> GRANTOR <br /> CITY OF SANTA ANA,a Charter City and Municipal <br /> Corporation duly organized under the Constitution and <br /> laws of the State of California <br /> ATTEST <br /> Jennifer L. Hall Alvaro Nunez <br /> City Clerk City Manager <br /> A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document <br /> to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. <br /> State of California ) <br /> County of ) <br /> On before me, a Notary Public,personally appeared <br /> , who proved to me on the basis of <br /> satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that <br /> he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the <br /> person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. <br /> I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and <br /> correct. <br /> WITNESS my hand and official seal. <br /> Signature (Seal) <br /> 2 <br /> City Council 20 — 5 5/5/2t)N2203 <br /> TD2473612 <br />