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Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others,
<br />without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the
<br />easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of
<br />Easement.
<br />Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the
<br />right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and
<br />the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush,
<br />combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the
<br />opinion of Grantee, may endanger said systems, or any part thereof, or interfere with the exercise of the rights herein granted.
<br />It is understood and agreed by Grantor and Grantee (collectively, the "Parties") and their successors and assigns
<br />that the rights granted herein are subject to and limited by the following:
<br />Reservation: The easement and right-of-way granted herein are subject to the rights of Grantor, its successors, and
<br />assigns to use the surface of the land within the boundaries of the Easement Area in any and all ways not inconsistent with the non-
<br />exclusive rights granted hereby; provided, however, that no improvements shall be constructed, placed, or permitted within, upon,
<br />under, or above the Easement Area until such construction and/or maintenance plans have first been approved in writing by
<br />Grantee and any applicable permits have been obtained from Grantee after payment of normal processing fees. Grantor agrees
<br />that it shall not grant any surface, subsurface, or aerial rights in the Easement Area as will unreasonably interfere with or prohibit
<br />the use by Grantee of the rights and Easement granted herein.
<br />Maintenance/Repairs: All improvements owned, constructed, placed, or permitted within, upon, under, or above the
<br />Easement Area by Grantor shall be operated and maintained at no cost to Grantee, and Grantor shall maintain such improvements
<br />in a good state of repair. Grantee shall promptly, at its sole cost, repair any damage exceeding normal wear and tear caused by
<br />Grantee to the Easement Area. Such repair shall be to approximately the same condition as existed immediately prior to the
<br />occurrence of such damage. Grantor shall otherwise maintain the Easement Area.
<br />Hold Harmless: Grantee shall indemnify and hold Grantor, its officers, directors, employees, and representatives
<br />harmless from and against any and all actions, claims, demands, judgments, attorneys' fees, costs, damages to persons or property,
<br />penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity arising out of or
<br />in connection with this Easement, the operations carried on by Grantee on the Easement Area, or the occupation or use of the
<br />Easement Area by Grantee (collectively, "Claims"), excluding Claims caused by the negligence or willful misconduct of Grantor.
<br />Hazardous or Toxic Materials: Nothing in this Easement is intended, nor shall anything in this Easement Deed be
<br />construed, to transfer to Grantee or its successors or assigns, or to relieve Grantor or its successors or assigns or predecessors in
<br />title of, any responsibility or liability that Grantor or its successors or assigns or predecessors in title now has, has had, or comes to
<br />have with respect to human health or the environment, including without limitation responsibility or liability relating to hazardous
<br />or toxic substances or materials.
<br />Notices: Any notice, payment or instrument required or permitted to be given or delivered by this Easement may be
<br />given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid,
<br />and addressed as follows:
<br />2 DSE801885542
<br />2 5 H -3 TD 1558542
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