|
If to Grantor:
<br />If to Grantee:
<br />Mid - Country Trading, L.L.C.
<br />2502 A North Webb Road
<br />P.O. Box 139
<br />Grand Island, Nebraska 68803
<br />Attention: Raymond J. O'Connor
<br />KM Grand Island Joint Venture, LLC
<br />2127 Innerbelt Business Center Drive, Suite 310
<br />St. Louis, Missouri 63114
<br />Attn: Michael H. Staenberg
<br />3
<br />7. Indemnification by Grantee. Grantee shall indemnify, defend and hold harmless,
<br />Grantor, its officers, directors, shareholders, members, manager and employees from and against
<br />any loss, damage, liability, or expense, including reasonable attorney's fees, because of any
<br />injury to person or property caused by any negligent act or omission of Grantee, its agents,
<br />employees or contractors in connection with Grantee's construction, modification, maintenance
<br />and/or use of the Easement Area granted herein.
<br />8. Grantee's Insurance Obligation. Grantee agrees to maintain, and/or cause to be
<br />maintained, commercial general liability insurance insuring its interests against claims for
<br />personal injury, bodily injury and property damage occurring on, in or about the Easement Area
<br />of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars
<br />($2,000,000) in the aggregate.
<br />9. Abandonment of Use. In the event that Grantee abandons or fails to properly
<br />maintain the sign or signs constructed in the Sign Easement Area in a reasonably commercial
<br />manner, and after ninety (90) days' written notice from Grantor to Grantee, Grantee fails to
<br />repair and/or replace the sign or signs and otherwise return the sign(s) to a commercially
<br />reasonable condition, or said abandonment is reasonably apparent for a period in excess or ninety
<br />(90) days from the date of Grantor's notice to Grantee, Grantor, or Grantor's successors and
<br />assigns, acting in good faith, may record an affidavit terminating the within easement based upon
<br />said abandonment.
<br />10. Any and all notices, demands or other communications required to be given,
<br />delivered or served or which may be given, delivered or served under or by the terms and
<br />provisions of this Agreement or pursuant to law or otherwise, shall be in writing and shall not be
<br />effective unless and until received; provided, that such notice shall be presumed to have been
<br />received, if hand- delivered, on the date of such delivery, on the next business day following the
<br />date on which it is delivered to a nationally recognized overnight courier, charges prepaid
<br />thereon and addressed as provided immediately below, and on the third business day following
<br />the date on which it is sent by certified mail, return receipt requested, first -class postage prepaid
<br />thereon and deposited with any regularly maintained United States Post Office, Post Office
<br />Station or Substation. All such notices, communications, etc. shall be addressed as follows:
<br />Either party may change its address for purposes of this Section 6 by notice to the other
<br />given in accordance with the foregoing requirements.
<br />
|