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<br />Likewise GRANTOR shall defend, indemnify and save harmless GRANTEE, its officers, agents, and
<br />employees from and against any and all claims, demands, losses, or liabilities of any kind or nature which
<br />GRANTEE, its officers, agents, and employees may sustain or incur or which may be imposed upon them
<br />for injury to or death of persons, or damage to property as a result of, or arising out of, the sole negligence of
<br />GRANTOR, its officers, agents, employees, invitees, or licensees, in connection with the ownership,
<br />maintenance, or use of the Easement Area.
<br />5. TOXIC MATERIALS (N)
<br />GRANTEE shall be responsible for and shall defend, indemnify, and hold GRANTOR, its officers, directors,
<br />employees, agents, and representatives harmless from and against all claims, costs, and liabilities, including
<br />attorneys' fees and costs, arising out of or in connection with the use and disposal of Toxic Materials on the
<br />Easement Area by GRANTEE. If the use and disposal of Toxic Materials on the Easement Area by
<br />GRANTEE results in contamination or deterioration of water or soil resulting in a level of contamination
<br />greater than maximum allowable levels established by any governmental agency having jurisdiction over
<br />such contamination, GRANTEE shall promptly take any and all action necessary to clean up such
<br />contamination.
<br />Nothing in this Easement Deed and Agreement is intended nor shall anything in this Easement Deed and
<br />Agreement be construed to transfer to GRANTEE or its successors or assigns or to relieve GRANTOR or its
<br />successors or assigns or predecessors in title now, has, has had, or comes to have with respect to human
<br />health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic
<br />substances or materials (as such terms as those used in this sentence are defined by statute, ordinance,
<br />case law, governmental regulation or other provision of the law). Furthermore, GRANTEE may exercise its
<br />right under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from
<br />GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a federal,
<br />state or local regulatory or administrative governmental agency or body having jurisdiction, to have
<br />responsibility for said hazardous or toxic substances or materials upon, within, or under the real property
<br />interests transferred pursuant to this Easement Deed and Agreement.
<br />Likewise, nothing in this Easement Deed and Agreement is intended nor shall anything in this Easement
<br />Deed and Agreement be construed to transfer to GRANTOR or its successors or assigns or to relieve
<br />GRANTEE 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 environment, including but not limited to responsibility or liability relating to
<br />hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by
<br />statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore,
<br />GRANTOR may exercise its right under law to bring action, if necessary, to recover clean up costs and
<br />penalties paid, if any, from GRANTEE or any others who are ultimately determined by a court of competent
<br />jurisdiction and/or a federal, state or local regulatory or administrative governmental agency or body having
<br />jurisdiction, to have responsibility for said hazardous or toxic substances or materials upon, within, or under
<br />the real property interests transferred pursuant to this Easement Deed and Agreement.
<br />6. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
<br />GRANTEE agrees that in the event the services for which said facilities were constructed are discontinued
<br />and GRANTEE is not required by law, rule, or regulation of any governmental authority to furnish said
<br />services, or in the event the use of the facilities ceases for a period of more than one (1) year without written
<br />notice from GRANTEE to GRANTOR of the circumstances affecting such suspension and of GRANTEE's
<br />intention to resume usage of the facilities, GRANTEE, at GRANTOR's request and at no cost to GRANTOR,
<br />shall remove and/or abandon any portion of said facilities owned, operated, and/or maintained by
<br />GRANTEE. The scheduling for such removal or abandonment shall be mutually approved by GRANTOR
<br />and GRANTEE. Following such removal/abandonment, GRANTEE, at no cost to GRANTOR, shall restore
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