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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 adaing 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 />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 tb 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 tide now, has, has had, or comes to have with respect to human
<br />heath 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 sold 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 not 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 Us 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 compatent
<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 removallabandonment, GRANTEE, at no coat to GRANTOR, shall restore
<br />Document Number: 2008000124173 Page. 3 of 18
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