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202003930 <br />arising from Owner's breach of or failure to comply with its foregoing covenants <br />and agreements in this paragraph. <br />2. MPL shall have the free, uninterrupted, perpetual and commercial right, privilege <br />and easement to lay, construct, maintain, inspect, operate, repair, replace, change the <br />size of, protect and remove: <br />(a) existing and future pipelines for the transportation of liquids, gases or other <br />materials which can be transported through a pipeline, along with above and <br />below ground appurtenances and related facilities, including, but not limited to <br />fittings, valves and cathodic protection equipment; and <br />(b) existing and future lines, cables, conduits and related equipment and <br />appurtenances for telecommunications or other purposes, whether or not related <br />to pipelines; <br />over, through, under and across the MPL Easement Tract, together with 1) the right <br />of reasonable ingress and egress over and across those portions of Owner's Land <br />that are not at the time of such use occupied by buildings or other such substantial <br />improvements, 2) the right from time to time to use temporary work space, as <br />reasonably necessary on, over and across those portions of Owner's Land that are <br />not, at the time of such use occupied by buildings or other such substantial <br />improvements, 3) the right from time to time to clear the MPL Easement Tract of <br />any trees, undergrowth, brush, other obstructions or non -permitted encroachments <br />located on, under or overhanging the MPL Easement Tract, and 4) the right to <br />remediate and/or remove contaminants or contaminated soil on or under Owner's <br />Land resulting from the MPL Facilities, and the right to place on Owner's Land <br />incidental equipment to facilitate the exercise of the aforesaid rights. <br />1. No additional compensation shall be payable to Owner for the exercise of the <br />aforesaid rights or for any damage(s) resulting to the property of Owner except <br />where expressly provided for in the Easement as amended by this Agreement. <br />TO HAVE AND TO HOLD unto said MPL and Owner, as their interests are herein expressed, <br />and to inure to the benefit of and be binding upon their heirs, successors, grantees and assigns <br />forever. <br />The terms and conditions of this Agreement shall constitute covenants running with the land. <br />MPL shall have the right to assign the rights granted herein and held by it in the MPL Easement <br />in whole or in part. This Agreement may be executed in two or more counterparts, each of which <br />shall be deemed an original, but all of which together shall constitute one instrument. This <br />Agreement shall become effective upon its complete execution by the parties hereto. <br />3 <br />Tract: 7261, Hall County, NE — Agent TK - Agent Project # 20-051 - Form PR -G -RW — 5/1/06 <br />