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202505188 pursuant to the terms hereof; and (iii) Grantee's easement rights hereunder shall not be impaired or adversely affected by superior title. 4. Indemnity: Grantee shall indemnify and hold Grantor, its employees, contractors, agents, tenants, licensees or invitees (hereinafter the "Indemnitees") harmless from and against any and all loss, damage, liability, claims, demands, causes of action and expenses (collectively, "Losses"), including reasonable and verifiable attorneys' fees and expenses, for personal injury or damage incurred by the Indemnitees and/or asserted by any person or entity and resulting directly from the negligent use, construction, maintenance, operation, repair and inspection of said access road, to the extent such losses were not caused by the negligent or intentional actions of the Indemnitees. 5. Transferability: Grantor and Grantee hereby acknowledge and agree that the easement and other rights conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective affiliates, subsidiaries, heirs, successors and assigns. 6. Amendment: This Agreement may not be modified, amended, or terminated except in a writing signed by each party hereto. 7. Counterparts: This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original for all purposes, and all such counterparts shall together constitute but one and the same instrument. 8. Prior Rights & Grants: This Agreement shall not void, nullify, or surrender any prior rights, privileges, or grants conveyed to the Grantee under any previous agreements, easements, or instruments executed between the parties or their predecessors in interest. All such prior rights and grants shall remain in full force and effect, and this Agreement shall be construed as supplemental to, and not in derogation of, any such prior agreements. 9. Joint Use of Right -of -Way & Easement Access Road Grantor and Grantee acknowledge and agree that the access road located on the Grantor's property (the "Easement Area") is established for the joint use and benefit of both Grantor and Grantee, together with their respective successors, assigns, tenants and contractors, for purposes of ingress and egress. Grantor further agrees that, under this joint use, the operation and maintenance of the pipeline facilities served by the access road shall take precedence over Grantor's use. However, Grantee shall not unreasonably restrict or interfere with Grantor's access to and use of the access road. ***Rest of Page Intentionally Left Blank***