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It is understood and, agreed by Grantor and Grantee (collectively, the "Parties") and
<br />their successors and assigns that the rilhts.granted herein are subject to and limited by the
<br />following:
<br />es tion: The easeraaent and right-of=way granted herein are subject to the rights of Grantor, its
<br />successor's, and assigns to use the surface of the land within the boundaries of the Easement Area in
<br />any avid all ways not inconsistent with the Iron-excliusive rights granted hereby; provided, however,
<br />that no improvements shall be Constructed, placed, or permitted within; upon, under, or above the
<br />Eagement 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 aYiet p tyment of
<br />normal, processing fees. Grantor agrees that it shrill not grant any surface, subsurface, or aerial
<br />rights in the Easement Area as wall unreasonably interfere with or prohibit the use by Grantee of the.
<br />rights and Easement granted herein,
<br />ri k `iu ce/ a ai s: Grantee shall maintain the meandered sidewalk and curb ramps, within the
<br />Easement Area. Alt improverrients owned, .constructed, placed, or permitted within, upon, under,
<br />or above the Easement Area by Grantor shall be operated and riraintained at no cost, to Grantee; and
<br />Grarnor sliall'maintain such improvements in it good state of repair. Grantee shall proiraptly, at its
<br />sole cost, repair any damage exceeding norinat wear and tear caused. by Grantee to the Easement
<br />Area. Such repair shall: be to approximately the sasiie condition as existed intinediately prior to the
<br />occanrenco of such damage. Grantor shall gtherwiso maintain the Easement-Areti.
<br />II'old I1 ss; 'Grantee shall indemnify and hold Grantor, its alficers, direc,'tors, employees,
<br />and representatives harmless from and agauist any and all actions, claims, demands, judgments,
<br />attorneys' fees, costs, damages- to. persons or property, penaldc's, obligations, expenses or
<br />liabilities of any kind that may be asserted or claivaed, by any person or entity arising out of or in
<br />cotmection with. this Easement, the operations carried on by Grantee on the Easement Area, or
<br />the occupation or use oi'.tbe Easement Area by Grantee (collectively, "Claims"), excluding
<br />Claims caused by the negligence or willful ririsconduot of Grantor.
<br />Hazardous or Toxic Materials: Nothing in this 'Easement is intended, nor shall anything in this
<br />Easement Deed be construed, to transfer to Grantee or its successors or assigns, or to relieve
<br />Grtuitor or its successors or assigns or predecessors in title of, any responsibility or liability that
<br />Grantor or its successors or assigns or predecessors in title now has, has had, or comes to have with
<br />respect to human health or the cnvironnieut, including without limitation responsibility or: liability
<br />relating to hazardous or toxic aubstances of materials.
<br />oti s: Any notice, payment or instrument required or perntitted to be given or delivered by
<br />this Easement may be given or delivered by personal delivery or by depositing the same in any
<br />23A-44
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