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Section 4. Town shall be solely responsible for, including all costs and fees, the construction, <br />maintenance or demolition and removal of any and all Improvements within the Easement area. <br />Town shall be solely responsible for keeping the Easement and any and all improvements therein in <br />the same condition in which the Town is obligated to keep other public facilities and Town <br />pathways. <br />Section 5. Town shall hold harmless, indemnify and defend Owner, its officers, directors, <br />agents, and employees from any and all claims, lawsuits, liabilities, losses and damages of any kind <br />including, but not limited to, contamination, pollution and explosion damages, bodily injury or <br />property damage arising or resulting from the negligence, omission, or willful misconduct of the Town, <br />its officers, employees, agents and representatives in the placement, repair, or removal of any <br />improvements in the Easement area, the maintenance of the Easement area, or activities conducted by <br />the Town within the Easement area. <br />Section 6. Town may not assign any of its rights, obligations or responsibilities under this Grant <br />of Pathway Easement without the prior written consent of Owner. <br />Section 7. The Town hereby accepts the grant of the Easement by Resolution No. ( D -2`Tof the <br />Los Altos Hills City Council adopted on hAQKC}-} 2A , 2024. <br />[Signatures on the next page] <br />