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<br />815 <br /> <br />]. at) <br />" t-J {;.j <br /> <br />connections <br /> <br />shall <br /> <br />be made <br /> <br />at those places <br /> <br />designated by the <br /> <br />Reasoners. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />(21) If, subsequent to completion of the pipeline and roadway <br /> <br />facilities, the City does not use the 1.15 Acre Permanent Easement, <br /> <br />or the TDHPT does not use the 1.77 Acre Permanent Easement, for the <br /> <br />specific purposes granted herein for a period of twenty-four (24) <br /> <br />consecutive <br /> <br />months, <br /> <br />the <br /> <br />City <br /> <br />agrees <br /> <br />that <br /> <br />the <br /> <br />non-use <br /> <br />shall <br /> <br />constitute an abandonment of the respective Permanent Easements and <br /> <br />the City shall have no further right, title or interest in the <br /> <br />Permanent Easement affected or in any property situated therein. <br /> <br />The City agrees that reasonable damages for the City's occupation <br /> <br />of either of the Permanent Easement areas after abandonment shall <br /> <br />be $250.00 per day. <br /> <br />(22) The <br /> <br />City <br /> <br />fully <br /> <br />indemnifies <br /> <br />and <br /> <br />holds <br /> <br />the Reasoners <br /> <br />harmless from any and all claims for damages to property or injury, <br /> <br />including death, to persons that may arise by reason of the City's <br /> <br />exercise of its easement rights and occupation and use of the <br /> <br />Reasoner Tract. <br /> <br />The City further agrees to defend the Reasoners <br /> <br />in any action that may be brought against them in connection with <br /> <br />such claims and to pay for the entire and full defense of the <br /> <br />Reasoners in such action, including, but not limited to, attorneys' <br /> <br />fees, costs of court, and all other expenses of litigation. <br /> <br />(23) If the City fails to abide strictly with the terms and <br />conditions of this Agreement and persists in its failure to abide <br /> <br />-9- <br />