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200212487 5. Ace hereby indemnifies and holds harmless the City from all loss and damage arising out of collapse or blockage of the new sanitary sewer main constructed under Ace's commercial building, which collapse or blockage results from the actions of Ace, its officers, employees, agents or independent contractors, or results from Ace's building being located over the City's sanitary sewer main. Ace covenants to repair, at its expense, any sanitary sewer main collapse or blockage located in the easement area under the commercial building. Any such repair shall be subject to the inspection and approval of the City's Director of Public Works and shall be accomplished expeditiously by Ace, its agents or independent contractors. If appropriate action is not undertaken by Ace within three (3) days after notice to Ace of said collapse or blockage, then the City may enter the premises without further notice and remove such portion or portions of said commercial building as is necessary to complete repair of the sewer main. The cost of such removal and repair shall be reimbursed by Ace. Time is of the essence. 6. This License Agreement is intended to allow Ace to construct, expand and maintain its commercial building, in, upon, and over the easement retained in Block Five (5), Kemohan and Decker Addition and adjacent vacated Harrison Street in such a manner and under such engineering practices as to continue to allow the proper use and function of the public utilities located underground in the easement area. 7. This License Agreement shall take effect immediately upon its execution and shall continue for an indefinite term; shall run with the land and be binding upon the parties hereto and the successors and ass igns of Ace. DATED: a-t—(9 s/ P I- ( y , , 2002. 0