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<br /> 13. Subject to the conditions set forth herein below, Grantee agrees to pay Grantor and/or Grantor's
<br /> farm lessee, if any, as their respective interests may appear, to the reasonable satisfaction of
<br /> Grantor and/or Grantor's farm lessee, if any, (1)the amount of documented damages, calculated in
<br /> a commercially reasonable manner, to growing crops, fences, and buildings which are directly
<br /> caused by the construction and installation of Project and/'or by Grantee's and/or Grantee Parties'
<br /> activities within the Easement Area; and (2)the amount of documented damages directly caused by
<br /> Grantee's and/or Grantee Parties' activities to crops growing within the Easement Area, with such
<br /> damages calculated in a commercially reasonable manner and, where applicable, based upon the
<br /> current crop in production at the time that damages occur. In such situation, Grantor and/or
<br /> Grantor's farm lessee shall be solely responsible for making a written claim for damages to Grantee
<br /> prior to the date that is one hundred and eighty (180) days after the occurrence of such alleged
<br /> damage (the "Damage Claim Deadline"), with such written claim accompanied by appropriate
<br /> supporting documentation. After the Damage Claim Deadline has passed, Grantee and Grantee
<br /> Parties shall have no liability whatsoever for damages not yet claimed by Grantor and/or Grantor's
<br /> farm lessee, and Grantor shall defend, indemnify, and hold Grantee and Grantee Parties harmless
<br /> from and against any and all damage claims related to the Easement Area and/or Grantor owned
<br /> land ("Property") adjacent thereto. If Grantor and/or Grantor's farm lessee makes such a written
<br /> claim to Grantee before the Damage Claim Deadline and the documentation accompanying the
<br /> written claim is acceptable to Grantee, then Grantee shall reimburse Grantor and/or Grantor's farm
<br /> lessee an amount equal to the reasonable commercial value of the damage based on current market
<br /> rates.
<br /> It is anticipated that there will be no damages to the existing cropland, leased to Grantor's lessee
<br /> during the Project. The Project is anticipated to start in 2014. The Temporary Easement Area will
<br /> temporary impact 2.7 acres of tillable soil. The tree windbreak will permanently impact 8.8 acres of
<br /> tillable soil located outside of the Permanent Easement which includes the Temporary Easement
<br /> Area.
<br /> 14. Grantor shall be made whole, by Grantee and Grantee Parties, by returning the Easement Area and
<br /> Property to a similar appearance prior to Commencement Date. Grantee and Grantee Parties shall,
<br /> at all times, exercise reasonable effort to avoid injury or damage to the fencing, sidewalks, security
<br /> systems, lighting, signage, landscaping, irrigation or drainage systems and any such other
<br /> improvements of Grantor, and Grantee shall repair or replace any such damage and loss arising or
<br /> occurring to the Easement Area or Property solely by reason of the construction, operation,
<br /> maintenance and removal of any utility lines, however, in the event that all or part of the
<br /> underground utility facilities which may be installed on said easement becomes defective or
<br /> unserviceable in the sole judgment of Grantee, then Grantee shall have the right, to maintain,
<br /> repair or replace such underground facilities, replacing any landscaping at the completion of such
<br /> replacement as described above; provided, if improvements to the Property make the installation of
<br /> such replacements impractical at the location of this original Easement granted hereby, then
<br /> Grantor or their successors in title shall grant and convey to Grantee, for the same consideration as
<br /> given herein, an easement for such further installation at a location on the Property which is
<br /> mutually satisfactory to the parties. If the parties fail to agree in writing, upon any such new
<br /> location for the underground facilities, Grantee shall have no obligation to replace or provide
<br /> VBEL AS/SBD—GIVH—City of Grand Island—Right of Way,Temporary and Permanent Easement Agreement Page 10 of 12
<br /> NIS Land#25ZZ0004SL Neb.Rev.Stat.§72-818
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