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City may revoke this permit and terminate this Agreement and may either make any <br />necessary repair or may remove the Shade Structure at the Owner's expense. <br />4. Owner agrees to prevent the creation of any obstructions or conditions that <br />may be dangerous to the public. <br />5. Owner agrees to indemnify, hold harmless and defend the City and all of its <br />officers, agents, consultants and employees from and against all losses, claims, demands, <br />payments, suits, actions, recoveries and judgments of every nature and description brought <br />or recoverable against it or them by reason of any act or omission of the Owner, or the <br />Owners' agents, consultants, employees, or subcontractors during the installation or <br />maintenance of the improvements identified in Exhibit "B" or as contemplated by this <br />Agreement. This includes any costs related to these actions. <br />6. Owner agrees to assume all risk and bear any loss or injury to property or <br />persons occasioned by neglect or accident. <br />7. Owner agrees to assume all responsibility for loss because of neglect or <br />violation of any state or federal law or local government rule, regulation or order. The Owner <br />will give all required notices relating to the improvement or its maintenance contemplated by <br />this Agreement to the proper authorities. In addition, Owner will obtain all necessary permits <br />and licenses and pay all appropriate fees. <br />8. Owner agrees to repair any damage that may occur to any adjoining building, <br />structure, utility easement, roadway, City property or private property during the course of <br />this work. <br />9. Owner also agrees to repair, restore or rebuild any damage to City property <br />caused by the installation, construction or maintenance of the improvements contemplated <br />by this Agreement. <br />10. . If the City requires use or access of the easement, Owner agrees to remove, <br />relocate or replace the improvements as determined appropriate by the City. The cost of <br />relocation, removal or replacement of the Owner's improvements will be borne entirely by <br />the Owner. <br />11. This Agreement will continue in full force and be in effect until either the City <br />of Casselberry adopts a resolution vacating the easement or if the Owner terminates this <br />Agreement, then the City may, by written notice delivered within thirty (30) days after receipt <br />of Owner's termination notice, require Owner to remove, at Owner's sole expense, all <br />improvements placed within the easement in accordance with this Agreement. <br />12. This Agreement runs with the property described in Exhibit "A". <br />13. This Agreement is binding upon, and inures to the benefit of the parties, their <br />respective legal representatives, successors and assigns. <br />14. Owner may assign the rights and obligations set forth in this Agreement. <br />Owner understands Owner will remain responsible for compliance with the terms of this <br />Page 2 of 7 <br />