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201903179
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Last modified
12/9/2019 6:25:23 PM
Creation date
6/4/2019 4:01:12 PM
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DEEDS
Inst Number
201903179
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201903179 <br />over and through adjoining land as may be reasonably necessary to access the Easement Area (the <br />"Maintenance Easement"). <br />3. Non -Disturbance. The easement rights conveyed hereby shall be exercised in a <br />manner such that activities upon the Easement Area do not unreasonably interfere with the use and <br />operation of the Grantor Property. Grantee shall not interfere with or disrupt Grantor's high <br />voltage electric power transmission facilities located on, over, or under the Grantor <br />Property. Grantee shall notify Grantor's Utility Director prior to performing construction activities <br />within the Easement Area. Grantee and Grantee's agents, employees, and contractors shall employ <br />and follow appropriate safety precautions due to the presence of high voltage electric facilities <br />within and near the Easement Area. Grantor retains and reserves unto itself, its employees, tenants, <br />invitees, licensees and agents the right to use the Easement Area for any and all purposes not <br />inconsistent with the grant of the Easement herein. <br />4. Restoration. Grantee shall promptly restore the Easement Area to substantially the <br />same physical condition that existed at the time Grantee or its contractors first entered upon the <br />Easement Area, except that the grading of the Easement Area will be changed to the extent <br />necessary to conform to the final grading on the Grantee Property in the areas adjacent to the <br />Easement Area, and Grantee will plant grass seed or sod. <br />5. Mechanic's Liens. Grantee shall do all things necessary to prevent the filing of any <br />mechanic's or other liens against the Grantor Property. If any such lien shall at any time be filed <br />in connection with the Grantee's use of the Easement, Grantee shall cause the same to be vacated <br />and cancelled of record. If Grantee shall fail to vacate or release such lien in the manner aforesaid, <br />then, in addition to any other right or remedy of Grantor resulting from Grantee's default, Grantor <br />may, but shall not be obligated to, vacate or release the same either by paying the amount claimed <br />to be due or by procuring the release of such lien by law. Grantee shall repay to Grantor, on <br />demand, all sums disbursed or deposited by Grantor pursuant to the foregoing provisions of this <br />section, including Grantor's cost and expenses and reasonable attorneys' fees incurred in <br />connection therewith. <br />6. Indemnification. Grantee hereby covenants and agrees to defend, indemnify and <br />hold Grantor harmless, including Grantor's members, officers, employees, agents, representatives, <br />tenants, successors and assigns, (the "Indemnified Parties"), from and against any and all claims, <br />suits, actions, loss, cost, expense (excluding attorney's fees), liability or claim of liability that <br />arises out of the following: (i) any default by Grantee under this Agreement; (ii) which occur as a <br />result of the exercise by Grantor of its rights and/or performance of any of Grantee's obligations <br />hereunder; or (iii) the negligence or willful misconduct of Grantee and/or the employees, agents, <br />contractors, licensees and invitees of Grantee in, on or about the Easement Area. Grantee's <br />indemnification obligation under this section shall not apply in the event of gross negligence by <br />one or more Indemnified Parties. <br />
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