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BUCKNER, any portion of the Public Easement Improvements prevent the ongoing repair,
<br /> replacement, maintenance or operation of the CITY'S utility facilities in the Public Easement
<br /> Area and no reasonable alternative to such removal or alteration is available in connection with
<br /> remedying such ongoing repair, replacement, maintenance or operation of the CITY'S utility
<br /> facilities in the Public Easement Area; provided, however, that the CITY shall give BUCKNER
<br /> such reasonably time not to exceed 90 days to allow BUCKNER to remove, alter or relocate
<br /> such portions of the Public Easement Improvements in such a manner or to such a location
<br /> within or outside the Public Easement Area that will reasonably allow such ongoing repair,
<br /> replacement, maintenance or operation.
<br /> 5. Runs with the Land. This Consent shall run with the land, be for the benefit for
<br /> the parties hereto and their successors and assigns. This Consent binds and inures to the benefit
<br /> of the parties hereto and their respective heirs, successors, and assigns.
<br /> 6. Limitation of Liability, Indemnification. Except to the extent caused by the gross
<br /> negligence or willful misconduct of the CITY, its employees, agents, contractors or
<br /> subcontractors, BUCKNER shall indemnify, defend, and hold the CITY and its trustees,
<br /> directors, members, officers, agents, employees, invitees, contractors and subcontractors
<br /> harmless from and against all damages, injuries to or death of persons, claims, liability, lawsuits,
<br /> judgments, costs and expenses, including without limitation reasonable attorneys' fees and costs
<br /> of enforcement of this indemnification, arising out of or in connection with the use of the Public
<br /> Easement Area for the Public Easement Improvements by BUCKNER, its employees, agents, or
<br /> invitees. BUCKNER assumes all risks of injury to or death of persons in connection with its or
<br /> its invitees use of the Public Easement Area and the Public Easement Improvements or the
<br /> exercise of the privileges granted hereunder and in no event shall the CITY have any liability
<br /> with respect to the same, except to the extent caused by the gross negligence or willful
<br /> misconduct of the CITY, its employees, agents, contractors and subcontractors. BUCKNER
<br /> hereby releases the CITY of and from every right, claim, and demand that BUCKNER may
<br /> hereafter have against the CITY and from all liability for any accident, damage, or injury or
<br /> death caused to person or property on or about the Public Easement Area except to the extent
<br /> caused solely by the gross negligence or willful misconduct of the CITY, its employees, agents,
<br /> contractors and subcontractors.
<br /> 7. Insurance; Waiver of Subrogation. From the Effective Date and at all times any
<br /> portion of the Public Easement Improvements are located in the Public Easement Area,
<br /> BUCKNER, at its sole cost and expense, shall obtain a policy or policies of commercial general
<br /> liability insurance with coverage for bodily injury, personal injury, death, and loss or property
<br /> damage arising out of the use of the Public Easement Improvements in the Public Easement
<br /> Area, in the amount of not less than $2,000,000 per occurrence. Such policy shall name the
<br /> CITY as an additional insured. On the Effective Date, BUCKNER shall provide the CITY with
<br /> evidence reasonably acceptable to the CITY, by way of a certificate of insurance reasonably
<br /> acceptable to the CITY that the required insurance is in effect. the CITY may, from time to time,
<br /> request evidence confirming that such required insurance remains in effect. BUCKNER waives
<br /> and releases and shall, to the extent reasonably available in the jurisdiction in which the Real
<br /> Estate is located, cause its insurance carriers to waive and release any and all rights of recovery
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