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shall not be deemed to be a waiver of the right to do so at any time thereafter nor a waiver of the right to enforce
<br />any other covenants or agreements of the parties.
<br />7. ATTORNEYS' FEES: The prevailing party in any litigation regarding the enforcement of this
<br />Agreement or any dispute relating hereto, shall be entitled to recover the costs, including reasonable attorneys'
<br />fees and fees of expert witnesses, incurred by such party therein.
<br />8. INDEMNITY: To the extent allowable by law, Grantee, its successors, assigns, agents and
<br />independent contractors; either in whole or in part; shall indemnify, hold harmless and defend, Grantor and all
<br />future owners, occupiers, successors and assigns of Grantor from and against all losses, damages, demands, claims,
<br />suits, expenses and liabilities, including reasonable attorneys' fees and other expenses of litigation incurred by
<br />such indemnified parties because of bodily injury, including death resulting at any time therefrom and violation
<br />of applicable law, resulting from or arising out of this Agreement, or possession or use of the Easement.
<br />9. INSURANCE: Grantee hereby agrees to maintain, at all times during the term of this
<br />Agreement, (1) general liability insurance, including, but not limited to, contractual liability, XCU hazards
<br />(explosion, collapse and underground) and completed operations to cover liability for bodily injury and property
<br />damage with a combined single limit of Two Million And No/ 100 Dollars ($2,000,000.00) per occurrence to cover
<br />litigation and defense costs. Said policy shall be written on an occurrence basis, with limits of Two Million
<br />Dollars ($2,000,000) per occurrence and Five Million and No1100 Dollars ($5,000,000.00) comprehensive.
<br />These insurance policies shall include Grantor and its affiliates as additional insured for liabilities arising
<br />out of the performance of the work by Grantor under this Agreement and shall be primary to any other insurance
<br />of Grantor.
<br />10. NOTICES: Any notice sent pursuant to the terms of this Agreement shall be forwarded by United
<br />States Mail, postage pre -paid (or by a nationally recognized overnight courier) to the following addresses:
<br />If to Grantee:
<br />with a copy to:
<br />If to Grantor:
<br />with a copy to:
<br />Southern Public Power District
<br />PO Box 1687
<br />Grand Island, NE 68802
<br />Attn: Aaron Brown, Eng. & Op. Mgr.
<br />(308) 381 -9493
<br />Southern Public Power District
<br />PO Box 1687
<br />Grand Island, NE 68802
<br />Attn: Grant Hansen, Eng. Supv.
<br />(308) 381 -9493
<br />Pilot Travel Centers, LLC
<br />5508 Lonas Drive
<br />Knoxville, TN 37909
<br />Attn: Mitchell D. Steenrod, Sr. VP & CFO
<br />(865) 588 -7488 ext. 2194
<br />Mitch.Steenrod @uilottravelcenters.com
<br />Kristin K. Seabrook, Esq.
<br />VP, General Counsel & Corporate Secretary
<br />Pilot Travel Centers, LLC
<br />5508 Lonas Drive
<br />Knoxville, TN 37909
<br />(865) 588 -7488 ext. 2219
<br />Kristin . Seabrook @,pilottravelcenters.com
<br />201603685
<br />11. AMENDMENT: To amend, supplement or terminate this Agreement, the consent of all parties to
<br />this Agreement must first be obtained in writing. No consent to the modification or termination of this Agreement
<br />shall ever be required of any tenant, customer, guest or invitee of the parties, or their respective successors or assigns.
<br />12. GOVERNING LAW: This Agreement shall be construed and interpreted in accordance with the
<br />laws of the State of Nebraska. If any portion of this Agreement is declared invalid or unenforceable by a court of
<br />competent jurisdiction, such determination shall not affect the remaining portions of this Agreement.
<br />13. COUNTERPARTS: This Agreement may be executed in any number of counterparts and by
<br />different parties hereto on separate counterparts, each of which counterparts, when executed and delivered, shall be
<br />deemed an original and all of which counterparts, taken together, shall constitute one and the same Agreement.
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