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SECTION TWO. SCOPE OF EASEMENT
<br />The easement granted by this Easement Agreement includes the right of GRANTEE, its
<br />contractors, agents, and employees to enter the premises at all reasonable times for the purpose of
<br />locating, constructing, reconstructing, operating, maintaining, inspecting, monitoring, altering and
<br />repairing the water well, water pump, electric service, water pipe and associated facilities in the
<br />easement area.
<br />The easement granted in this Agreement also includes the right to cut, trim, or remove from the
<br />easement areas trees, shrubs, or other vegetation as in GRANTEE'S judgment unreasonably interfere
<br />with the easement or facilities of GRANTEE, its successors or assigns.
<br />GRANTEE shall repair any damage to property of GRANTOR or pay any damages that may be
<br />caused to property of GRANTOR solely by GRANTEE'S activity on, or use of, the land subject to this
<br />easement. At its sole cost and expense and promptly after completion of any work within the easement
<br />area, GRANTEE will restore the surface and subsurface condition of the easement area to an equal or
<br />better condition as existed prior to GRANTEE'S work.
<br />GRANTOR reserves the right to use the land subject to this easement provided GRANTOR
<br />shall not place obstructions upon, over, across, in, along, through, or underneath the surface of the
<br />easement area that interferes with the exercise by GRANTEE of the rights granted by this Agreement.
<br />SECTION THREE. WARRANTY OF TITLE
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<br />GRANTOR warrants it is the owner of the Property and has the right, title, and capacity to
<br />convey to GRANTEE the easement in this Agreement.
<br />SECTION FOUR. RESPONSIBILITY FOR WELL
<br />GRANTEE shall be solely responsible for all matters concerning the Water System, including,
<br />but not limited to: (1) registration, operation, repair, replacement, maintenance, decommissioning and
<br />closure of the water well, (2) timely payment of utility service, (3) payment of personal property taxes
<br />levied and assessed upon the Water System, and (4) operation, maintenance, repairs, and
<br />replacement of the pump, pipe and associated facilities.
<br />SECTION FOUR. ENVIRONMENTAL MATTERS
<br />GRANTEE shall be responsible for any costs, expenses, damages, demands, obligations,
<br />including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits or
<br />proceedings based upon a release or threat of release of any hazardous substances, pollutants, or
<br />contaminants that relate to the easement area or operation of the Water System.
<br />SECTION FIVE. INDEMNITY
<br />In further consideration for this easement GRANTEE specifically agrees to indemnify, defend
<br />and save harmless GRANTOR and GRANTOR'S successors and assigns from and against any and all
<br />claims, demands, costs, fines, expenses (including, but not limited to, reasonable attorneys' fees),
<br />actions or causes of action, including, but not limited to, contamination of or other adverse affect on the
<br />environment and including claims of personal injury, death or damage to property caused by, incident
<br />to, connected with, resulting or arising from the activities of GRANTEE, its employees, contractors or
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