201601958 - Laserfiche WebLink

Browse

f2O16O1958 3. Grantee will restore the surface of the land to its original contour as nearly as practicable only after installation of the Distribution Line and will replace or rebuild to the reasonable satisfaction of the Grantor or their representatives. 4. That Grantor, or their tenant, as their respective interest may appear, shall be reimbursed for any damages to growing crops which may arise from the Grantee's exercise of the right granted herein. Any payment for crop damage will be based on the current crop in production at the time the damage occurred. Price for said damaged crop shall be based on current prices at the time the crop is harvested and shall be mutually agreed upon by the parties. In the event that the parties are unable to come to a mutual agreement as to price of damaged crops, then the price for such claim shall be determined by using the cash price as of October 15 of the growing year at an elevator in Hall County, Nebraska, for the damaged commodity. All claims for crop damages must be submitted to the Grantee within 180 days of such occurrence, otherwise, it is agreed that said claim for damage has been waived. 5. In the event that the Grantee elects to abandon the Easement in whole or in part, Grantee may at its election, either leave the Distribution Line in place or remove same. In the event that the Grantee elects to remove the Distribution Line, Grantee shall restore the surface of the land as nearly as is practicable to its condition prior to removal. In the event the Grantee elects to abandon the Distribution Line in place, Grantee shall comply with all then applicable federal and state laws, rules and regulations relating to such abandonment. 6. Grantee shall comply in all material respects, at Grantee's sole cost, with all applicable federal, state and local laws, rules and regulations which are applicable to Grantee's activities hereunder. 7. The rights granted hereby to Grantee may be assigned by Grantee in whole or in part, in Grantee's sole discretion. 8. Grantor covenants that it is the owner of the above described real estate and has legal authority to convey this Easement and that said real estate is free and clear of any encumbrances or liens of any kind. 9. That this instrument may be executed in counterparts. 10. All notices under this instrument shall be in writing, addressed to the addresses first set forth above and delivered by certified mail, return receipt requested via a reputable national courier service, regular United States mail, facsimile, e -mail or hand delivery. A party may change its address for notice by giving notice of such change to other party. 11. That this instrument contains the entire agreement of the parties; that there are no other different agreements or understandings between the Grantor and Grantee or its agents; that the Grantor, in executing and delivering this instrument, has not relied upon any promises, inducements, or representations of Grantee or its agents or employees except such as are set forth herein. 12. This instrument and the covenants and agreements contained herein shall inure to the benefit of and be binding and obligatory upon the heirs, administrators, successors, and assigns of the parties hereto.