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If the Grantee, its contractor, subcontractors, or agents in the performance of the work herein
<br /> provided for or by the failure to do or perform anything for which it is responsible under the provisions
<br /> hereof, shall damage or destroy any property of the Grantor, such damage or destruction shall be �p
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<br /> corrected by the Grantee in the event its contractor of the insurance carriers fail to repair or restore the
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<br /> same. �
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<br /> 9. If said described premises, or any part thereof, shall at any time cease to be used by said Grantee, or
<br /> by the public, for the purpose, as aforesaid, or should they be converted to any other use whatsoever, or
<br /> should the Grantee fail to perform any of the conditions herein expressed,then and in any such event, all
<br /> the right,title, interest, benefits and enjoyment of said Grantee, or of the public, in and to said premises,
<br /> for any purpose whatsoever, shall immediately cease and the said Grantor, its successors and assigns,
<br /> may, at its or their option,reenter,retake, and hold said described lands and premises as the of the
<br /> present estate of said Grantor without compensation to said Grantee,the public, or any other person
<br /> whomsoever, for improvements or property removed,taken or destroyed,or liability for loss of, or
<br /> damage to any premises or the improvements thereon abutting on said easement area or any part thereof.
<br /> The Grantor does not warrant its title to said premises nor undertake to defend the Grantee in the
<br /> peaceable possession,use or enjoyment thereof; and the grant herein made is subject to all outstanding
<br /> rights or interest of others, including the tenants and licensees of the Grantor.
<br /> 10. Grantee, in its acceptance hereof to the extent and in the manner allowable under applicable law,
<br /> indemnify and save harmless the Grantor, from and against all lawful claims, demands,judgments,
<br /> losses, costs and expenses, for injury to or death of the person or loss or damage to the property of
<br /> any person or persons whomsoever,including the parties hereto,their employees or independent
<br /> contractors, in any manner arising from or growing out of the acts of omissions,negligent or
<br /> otherwise of Grantee, its successors, assigns, licensees and invitees or any person whomsoever, in j
<br /> connection with the entry upon, occupation or use of the said premises herein described, including, 3
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<br /> but not limited to that of the location,construction,operation,restoration,repair,renewal, or �
<br /> maintenance of said roadway upon the herein described premises or otherwise. Notwithstanding the �
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<br /> '- foregoing,nothing herein contained is to be deemed or construed as an indemnification against the j
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<br /> sole negligence of the Grantor,its officers, employees or agents. �
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<br /> TO HAVE AND TO HOLD THE SAME,together with all the hereditaments and appurtenances `�
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<br /> thereunto belonging to Grantee for public use and enjoyment for the purpose aforesaid and for no other
<br /> purpose whatsoever subject to the terms and conditions hereinbefore stated.
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