|
<br />200805732
<br />
<br />2007.0.2812
<br />
<br />The easement granted herein to Grantee is in perpetuity to the Grantee, its
<br />8UccesS01"!l and assigns and is intended as an easement appurtenant to the land.
<br />Grantee agrees to save Grantor hannlcss from and indemnify and defend Gnntor
<br />against any and all injury, loss, damage, liability, cost or expenses (including, without
<br />limitation, attorneys' fees, reasonable investigation and discovery costs), ofwllaevcr
<br />nature, to any person or property caused by or resulting from any act, omission or
<br />negligence of Grantee or its officcnt, employees. agents or contractors or Grantee's
<br />failure to perform any of its obligations hereunder. Grantee;; hereby covenants and agrees
<br />that Grantee shall not cause or allow the use. gcocration, manufacturing. handling.
<br />production. treatment, presence, discharge, admission, disposal, transportation or storage
<br />of any HazaroolUl Matlllial, on Grantor's property and shall comply with all
<br />enviromncntal regulations now or hereafter in effect As uaed herein. the term Hazardous
<br />Materials shall mean any substance which is or is deemed to be a pollutant or
<br />contaminant or which is or is deemed to be hazardous. toxic. ignitable, reactive,
<br />coITOSive, dangerous, harmful or itijurious or which is or may become regula1ed by or
<br />under the authority of any applicable local, state or federal laws, judgments, ordinances,
<br />orders. rules, regulations or codes, including any petroleum, crude oil or a fnction
<br />thereof. aabest08 or asbestos-containing material., polychlorinated biphenyl, radioactive
<br />matcriaJ or urea fonna1dehydc. The tenn Environmental Rcgu1atiOD8 shall be deemed to
<br />include, without limitation, local. state and federal laws, judgments, ordill8llCCi, orden,
<br />rules, regulations, codes and other govcmmcmtlll restrictions, guidelines and requirements
<br />which deal with or otherwiBD in any manner relate to, environmental matters of any kind.
<br />IN WITNESS WHEREOF, Grantor by and through its undersigned authorized
<br />agent has caused this easement to be executed the ~ay of, /'YJr;I r t' -A
<br />2007.
<br />
<br />PIONEER TRAIL ENERGY, L.LC.,
<br />a Delaware Limited Liability Company,
<br />Grantor
<br />
<br />
|