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2. Easement Revocable by Board. The Board of Public Works reserves the right to revoke <br />an easement at any time should it determine that any one sculpture presents a safety hazard to the <br />public, the full use of the property at this location is required, or if the condition of the sculpture <br />becomes an eyesore. However, the revocation of any easement at one location shall not in any way <br />affect the continuing validity of the easements as to the other locations. <br />3. Indemnification. Grantee agrees to indemnify, defend and hold harmless the City of <br />South Bend, Indiana, its agents and employees, from any claim, suit, cause of action or loss of any <br />kind, including attorney's fees, arising from the use of public property by this Grant of Temporary <br />Easements. Grantee further agrees to repair and restore the concrete sidewalk near each easement <br />or immediately adjacent thereto from all damage caused by the removal of the sculptures, said <br />repairs to be made within one month after the sculptures are removed. If the repairs are not made <br />by Grantee within said time, or if the Grantee fails to remove the sculptures by November 30, 2003, <br />the City may remove the materials, repair the sidewalk, and notify Grantee of the costs. Grantee <br />shall, within thirty (30) days after notice, pay the reasonable costs of the repairs and removal. <br />GRANTEE: <br />SOUTH BEND ZOOLOGICAL <br />SOCIETY <br />GRANTOR: <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />Gary Gilot <br />Carl Littrell <br />Don Inks <br />ATTEST: 0 <br />Angela . Jacob, ClerkJ <br />