200204068
<br />Grantee shall have the right at any time, to relocate, add, or upgrade such sanitary sewer
<br />mains and manholes connected therewith, in, upon, along, over, across, underneath or through the
<br />easement and right -of -way herein granted. Any such sanitary sewer mains and manholes placed in,
<br />upon, along, across, underneath or through such tract of land shall remain the property of Grantee
<br />and may be removed or replaced at any time. If the construction or maintenance of the sanitary
<br />sewer mains requires the excavation of earth, grass, vegetation, or landscaping, or removal of fence,
<br />the Grantee shall restore the surface of the area and fence to the same condition as it existed
<br />immediately prior to the work in the area.
<br />It is further agreed that Grantors have lawful possession of said real estate, good right and
<br />lawful authority to make such a conveyance, and that Grantors, on behalf of themselves, all heirs,
<br />executors, administrators, successors, and assigns, hereby covenant that the rights and privileges
<br />herein granted shall run with the title to such tract of land and be binding upon Grantors, all heirs,
<br />executors, administrators, successors and assigns.
<br />In consideration of the foregoing, Grantee agrees for itself and its successors and assigns that
<br />it will save Grantors, their agents and servants, harmless and forever indemnify each of them from
<br />or against any liabilities, penalties, losses, damages, claims, expenses, suits, judgements, liens and
<br />encumbrances, or any or all of them, arising out of or in any way connected with this Agreement,
<br />or any installations within or the use or manner of use of the Easement Area, and whenever made
<br />or incurred, including any and all liability imposed by law, and /or contract, and/or custom, upon
<br />Grantors, their agents, and servants, or any or all of them, except where due to Grantor's negligence
<br />or misconduct, and in any case Grantors shall have the right to demand that Grantee shall undertake
<br />to defend with attorneys reasonably satisfactory to Grantors, as the case may be, any and all suits,
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