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It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and
<br />their successors and assigns that the rights granted herein are subject to and limited by the
<br />following:
<br />Reservation: The easement and right-of-way granted herein are subject to the rights of Grantor, its
<br />successors, and assigns to use the surface of the land within the boundaries of the Easement Area in
<br />any and all ways not inconsistent with the non-exclusive rights granted hereby; provided, however,
<br />that no improvements shall be constructed, placed, or permitted within, upon, under, or above the
<br />Easement Area until such construction and/or maintenance plans have first been approved in
<br />writing by Grantee and any applicable permits have been obtained from Grantee after payment of
<br />normal processing fees. Grantor agrees that it shall not grant any surface, subsurface, or aerial
<br />rights in the Easement Area as will unreasonably interfere with or prohibit the use by Grantee of the
<br />rights and Easement granted herein. Grantor reserves the right to use the Easement Area for any
<br />purpose not inconsistent with the rights herein granted to Grantee.
<br />Maintenance/Repairs: All improvements owned, constructed, placed, or permitted within, upon,
<br />under, or above the Easement Area by Grantor shall be operated and maintained at no cost to
<br />Grantee, and Grantor shall maintain such improvements in a good state of repair. Grantee shall
<br />promptly, at its sole cost, repair any damage exceeding normal wear and tear caused by Grantee to
<br />the Easement Area. Such repair shall be to approximately the same condition as existed
<br />immediately prior to the occurrence of such damage. Grantor shall otherwise maintain the
<br />Easement Area.
<br />Hold Harmless: Grantee shall indemnify and hold Grantor, its officers, directors, employees,
<br />and representatives harmless from and against any and all actions, claims, demands, judgments,
<br />attorneys' fees, costs, damages to persons or property, penalties, obligations, expenses or
<br />liabilities of any kind that may be asserted or claimed by any person or entity arising out of or in
<br />connection with this Easement, the Meter Site, the operations carried on by Grantee on the
<br />Easement Area, or the occupation or use of the Easement Area by Grantee (collectively,
<br />"Claims"), excluding Claims caused by the negligence or willful misconduct of Grantor.
<br />Taxes: Grantor and Grantee agree that this Easement may create a possessory property interest
<br />which is subject to property taxation, in which event the party in whom such interest is vested may
<br />be subject to and shall pay such property taxes.
<br />Insurance: Grantor and Grantee must each obtain and keep in full force and effect at all times,
<br />corrunercial general liability insurance covering public liability for personal injury, death or
<br />property damage, arising out of each party's respective use, maintenance, repair or replacement of
<br />the Easement Area (including improvements thereupon), in the total amount of $1,000,000 per
<br />occurrence and $2,000,000 in the aggregate. Grantee must obtain and keep in full force and effect at
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