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202104922
<br />The Grantor further covenants for itself, its lessees, successors, or assigns, that the Grantee, its lessees,
<br />successors or assigns shall at all times have the right to cut and remove or trim all trees, bushes and saplings
<br />growing upon said lands above described, or extending over same, so far as may be reasonably necessary for the
<br />construction, reconstruction, operation, repair, and maintenance of said Facilities, and shall have the right of access
<br />and entry to and upon said above described lands for such purposes.
<br />The Grantee shall pay for all damages to landscaping, gardens, roads, sidewalks, parking lots, driveways,
<br />fences, livestock, crops, fields and drain tile, subject to Grantor providing means of ingress and egress, caused by
<br />the construction, reconstruction, repair, replacement, or maintenance of said Facilities.
<br />The Grantee shall be liable for all damages and losses arising out of Grantee's negligent or intentionally
<br />wrongful actions or violation of applicable law in surveying, constructing, installing, inspecting, repairing, maintaining,
<br />renewing, replacing, or operation of the pipeline that may be asserted against Grantor (other than to the extent any
<br />such claims arise from the conduct of Grantor or Grantor's agents). Grantee agrees to defend, indemnify and hold
<br />harmless Grantor, but not Grantor's successors or assigns, from and against all claims, demands and causes of
<br />action for injury to persons or property or fines or penalties or environmental matters arising out of, incidental to or
<br />resulting from the aforementioned negligent or intentionally wrongful activities or violations of applicable law, and
<br />from and against all costs and expenses incurred by Grantor by reason of any such claim or claims, including
<br />reasonable attorneys' fees. The provisions of this paragraph shall survive the termination or abandonment of this
<br />gas utility easement.
<br />The Grantor reserves the right to use and occupy the above described lands, Grantor agrees not to erect
<br />any structures or other objects, permanent or temporary thereon, Grantor further agrees that Grantor will not perform
<br />any act which will interfere with or endanger said Facilities, that Grantor will not plant any trees upon the above
<br />described lands without the prior expressed written approval from the Grantee.
<br />This easement and the rights granted and conveyed here under shall run with the lands above described
<br />and shall endure to the benefit of and be binding on the heirs, lessees, successors or assigns of the respective
<br />parties hereto.
<br />DATED this a+.d day of J tA Rt__ , 2021.
<br />City of Grand Island, Nebraska
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