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4. Owner shall indemnify and hold City, its agents and employees harmless for damage <br />sustained to the trees within the easement area (Exhibit "A") or damage to any property resulting <br />from the damage of said trees by City, its agents or employees' use of the access easement. <br />5. Nothing herein expressed or implied is intended or shall be construed to confer upon any <br />other entity, other than as herein set forth, any rights or remedies under, or by reason of, this <br />Agreement. The City and Owner shall not be construed as joint venturers or partners of each other <br />and neither shall have the power to bind or obligate the other except as set forth in this agreement. <br />Owner affirms Owner has the sole and exclusive ownership of the Property, and the sole and <br />exclusive right to enter into this Agreement. <br />6. If at any time the Easement granted hereunder ceases to be used by the City for the <br />purpose specified herein, the rights hereby granted automatically shall terminate and the Easement <br />and any related rights shall revert to Owner, provided that Owner shall be entitled to retain all <br />rights and remedies that previously may have accrued against the City with respect to the <br />watermain and appurtenances identified above. <br />7. This Agreement embodies the entire agreement between the City and Owner with respect <br />to the subject matter hereof and supersedes all prior agreements and understandings, whether <br />written or oral. Neither the City nor Owner has made nor relied upon any promises, representations <br />or warranties in connection with this Agreement that are not expressly set forth in this Agreement. <br />In entering into this Agreement, the City and Owner have relied on the recitals, representations <br />and warranties contained in this Agreement. <br />8. This Agreement may not be modified except by a written agreement executed by the <br />City and Owner. No waiver of any condition or covenant in this Agreement by either party shall <br />be effective unless made in writing, nor shall any waiver be deemed to imply or constitute a future <br />waiver of the same or any other condition or covenant of this Agreement. <br />9. This Agreement shall be construed and enforced in accordance with the laws of the <br />State of Ohio. <br />10. Whenever a word appears herein in its singular form, such word shall include the <br />plural; and the masculine gender shall include the feminine and neuter genders. This Agreement <br />shall be construed without regard to any presumption or other rule permitting construction against <br />the party causing this Agreement to be drafted and shall not be construed more strictly in favor of <br />or against either of the parties hereto. <br />11. If any term or provision of this Agreement or the application thereof to any person or <br />circumstances shall to any extent be invalid or unenforceable, the remainder of this Agreement, or <br />the application of such term or provision to persons or circumstances other than those as to which <br />it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of <br />this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />2 of 3 <br />