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200501598 3. MAINTENANCE: Grand Island shall have the right from time to time to enter into the Easements and adjoining areas to cut, trim and keep clear all trees, brush and other obstructions that may injure, endanger or interfere with the construction, operation or maintenance of the utilities in the Easements. 4. RELOCATION: Grand Island will consider a request by Menard or future owners of the Property to relocate utilities to facilitate development of this real estate. Any relocation of utilities in this easement must receive prior approval from Grand Island. Grand Island is not required to comply with any request for relocation. In the event that Grand Island consents to relocate the utilities the requesting party shall pay all expenses associated with such relocation. S. MODIFICATION: This Agreement may be terminated, amended or modified only by recording in the appropriate county recording office for Hall County, Nebraska, a document executed by Menard and Grand Island representing their unanimous consent to such amendment or modification. 6. RESTORATION: In exercising any of the rights granted herein, Grand Island will, at its sole cost and expense and with due diligence, restore the Property to such condition as close as practicable to that condition immediately prior to exercising such right. 7. INDEMNIFICATION: Grand Island agrees to indemnify and hold Menard harmless from damages, liability, cost, expense, liens or claims for construction work or labor, arising out of or connected directly or indirectly with the of the Easement granted herein. 8. GOVERNING LAWS: This Agreement shall be construed in accordance with the laws of the State of Nebraska. 9. COUNTERPARTS: This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10. RECORDING: Menard or Grand Island shall be entitled to record this Agreement in the appropriate recording office for Hall County, Nebraska. 11. BENEFITS: This Easement Agreement contains all the agreements and stipulations between Menard and Grand Island with respect to the granting of the Easement contained herein. Each and every provision of this Agreement is intended to and shall bind each and every successor or assign in title or interest to the Property. Each and all of the covenants herein shall run with and against the Property, or portion thereof, and shall bind each successor or assign to the extent that such part of the Property is affected or bound by the covenants in question. 2