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notify the successor or assignee of the rights and obligations of both parties as included herein. D. In case of unpredictable delays in construction, upon written notification by CITY, the term of the TCE may be extended by an amendment to this TCE Agreement. GRANTOR shall be compensated based on the fair market value at the time of the extension. Payment shall be made to GRANTOR for the extension prior to the expiration of the original TCE period. E. CITY shall indemnify, defend and hold harmless GRANTOR from and against all claims, causes of action, damages, liabilities, injuries, actions, costs and expenses (including reasonable attorneys' fees and costs), arising from or related to CITY's use of the TCE Area, exercise of CITY's rights under this TCE Agreement, or work performed in connection with the Project. The provisions of the immediately preceding sentence shall not be applicable to the extent of GRANTOR's sole negligence or willful misconduct. F. Rights of ingress to and egress from the GRANTOR's remaining property shall be maintained at all times during all phases of the construction period in accordance with the Street Improvement Plan approved by GRANTOR attached hereto as Attachment 5. Specifically, in Phase 1 a, prior to commencing any construction work on the GRANTOR'S Property, CITY shall construct (i) a temporary driveway at the south end of the existing parking lot and (ii)a temporary parking lot on the parcel adjacent to GRANTOR'S Property to ensure vehicle access and egress. Thereafter, during Phase 1 b, CITY shall remove the temporary driveway and construct the final landscaping and parking. In Phase 2, CITY shall create an opening in the northerly fence to allow access for fleet vehicles to the secured portion of GRANTOR'S Property and will construct the northern portion of the final parking improvements. CITY shall, or cause its contractor to, implement, construct and perform all obligations under the Street Improvement Plan at CITY's sole expense. CITY shall use its best efforts not to interfere with GRANTOR's operations on GRANTOR's remaining property during the term of this TCE Agreement and the duration of the Project. G. During all phases of construction of the Project, CITY shall post temporary 25 miles per hour speed limit signs on northbound and southbound Johnson Drive in a conspicuous location and shall implement a Traffic Control Plan for the Project,which CITY shall ensure is followed by its employees and contractors during the term of this TCE Agreement and the duration of the Project. 2. CITY Performed Work. All work done under this TCE Agreement shall be performed by CITY at CITY's sole cost and shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, including the Street Improvement Plan and the Traffic Control Plan, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the CITY or its authorized agent, shall be left in as good condition as found. 3. Indemnification. CITY shall indemnify, defend, and hold harmless GRANTOR from and against all claims, causes of action, damages, liabilities, cost and expenses (including reasonable attorney fees and costs), arising from or related to CITY's use of the GRANTOR'S Property and exercise of CITY's rights under this TCE Agreement, except as to claims, causes of action, damages, liabilities or costs due to GRANTOR's sole negligence or willful misconduct. Page 2 of 4