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201001441
<br />specifically authorized to erect achain-link or other suitable fence upon that portion of the
<br />Easement Area on which the Grantor has constructed a paved pad for refrigeration equipment
<br />along and adjacent to the rear side of Grantor's convenience store building; provided if Grantee
<br />needs to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, or operate
<br />such public utilities and appurtenances within such Easement Area, the cast of removal and
<br />repair of any hard surfacing, fence or other appurtenances placed in, along, or through the
<br />Easement Area by the Grantor shall be paid by Grantor.
<br />Grantee shall have the right, at any time, to relocate, add, or upgrade such public utilities
<br />and appurtenances connected therewith, in, upon, above, along, over, across, underneath, or
<br />through the Easement Area. Any such public utilities and appurtenances placed in, upon, above,
<br />along, over, across, underneath, or through the Easement Area shall remain the property of
<br />Grantee, and may be removed ar replaced at any time.
<br />By Grantee's acceptance of this conveyance and its exercise of the rights herein granted,
<br />Grantee covenants and agrees to indemnify, defend and bald the Grantor, its successors and
<br />assigns, harmless from any and all claims far damage to real or personal property and injuries to
<br />or death suffered by a person by the reason of the installation, construction, maintenance,
<br />replacement, repair, inspection, relocation, extension, removal and operation of the public utility
<br />facilities and appurtenances on Grantor's property, including the Easement Area, pursuant to the
<br />terms of this instrument.
<br />It is further agreed that Grantor has lawful possession of the real estate comprising the
<br />Easement Area, good right and lawful authority to make such conveyance; and that Grantor on
<br />behalf of itself, all heirs, executors, administrators, successors, and assigns, hereby covenants
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