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b. Grantee shall indemnify Grantor against and hold Grantor harmless from any <br />loss of or damage to any property, or injury or death of any person <br />whomsoever, proximately caused in whole or in part by negligence of Grantee <br />or by any act or omission for which Grantee is liable in the exercise of the <br />rights herein granted. <br />5. Project <br />The Temporary Easement Area will be permanently altered as a result of the <br />Project in that, among other things: existing landscaping will be removed, the <br />Temporary Easement Area will be graded, and new landscaping installed. The <br />undersigned expressly acknowledge and agree that they are not entitled to any <br />compensation as a result of: any grading; any landscaping related activities including, <br />but not limited to, the installation and/or removal of landscaping; and/or other activities <br />performed by the Grantee in, on, over, across, and along the Temporary Easement <br />Area. Upon completion of the Project, Grantor shall convey, and Grantee shall accept, <br />ownership of all alterations upon the Property as part of the Project. Upon Grantee's <br />acceptance, Grantee shall be responsible, at Grantee's own expense, for any and all <br />maintenance, repair and replacement of the alterations installed on the Property. <br />6. Term and Termination <br />This Agreement shall commence with the first entry on Grantor's property by <br />Grantee's contractor who is awarded by the Grantee the contract for the Project, and <br />shall exist for a period of no more than three (3) months after the Effective Date hereof. <br />This Agreement shall become null and void and shall terminate upon completion of the <br />Project. <br />7. Notices <br />Notices, requests or demands by either party shall be in writing and shall either <br />be personally served or be sent by U.S. Mail and addressed to the following persons: <br />To Grantee: Assistant City Engineer <br />Public Works Department <br />City of Newport Beach <br />100 Civic Center Drive <br />P.O. Box 1768 <br />Newport Beach, CA 92658 <br />To Grantor: William Buck Johns and Elizabeth Colleen Johns <br />2600 Mesa Drive <br />Newport Beach, CA 92660 <br />Right of Entry and Temporary Construction Easement - 2600 Mesa Drive Page 3 <br />