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Vic:4673 Page:893 <br /> of said facilities;and the right to license,permit or otherwise agree to the use or occupancy of said easement <br /> or any portion thereof or of said facilities by any other person, association or corporation for the purposes <br /> hereinabove set out;and with the further right to remove at any time and from time to time,any or all of the <br /> said line or lines, and appurtenances thereto located upon, over, across and under said land by virtue <br /> hereof. <br /> The Grantor further agrees that it will not erect any building or structure or create or permit any <br /> hazard or obstruction of any kind or character which, in the judgment of Grantee, will interfere with the <br /> surveying, staking,construction, reconstruction, placement, retention, operation, maintenance, protection, <br /> alteration, replacement,inspection,addition to and relocation of, Grantee's facilities. <br /> During the original construction only, the Grantee may utilize for temporary work space that land <br /> depicted on Exhibit "B" as "Temporary Construction Easement". Grantee will restrict the construction <br /> activities to the permanent easement and temporary work space areas as detailed by the plat included in <br /> Exhibit"B"unless prior approval is obtained from Grantor or its designated agent or tenant. <br /> Grantee shall be responsible for actual damages occurring on the herein described property as a <br /> result of the construction, operation, maintenance or repair of Grantee's facilities and shall reimburse the <br /> owner thereof for such loss or damages. Grantee will be responsible for any environmental damages resulting <br /> from its placement or deposit of environmentally harmful substances it brings onto the property. Grantee shall <br /> not be responsible for any environmentally harmful substances already located on the property and placed <br /> there by any third party except to the extent Grantee's use of the property causes or results in an <br /> environmental hazard.In addition,Grantee shall not be responsible for any indirect,consequential or punitive <br /> damages. <br /> The property is a closed and post-closure non-hazardous waste municipal storage facility, Permit No 1971- <br /> 48-OP and Supplemental Permit No 1992-280-SP, in compliance with Illinois and United States <br /> Environmental Protection Agency(EPA)and the Environmental Protection Act requirements. Grantee shall <br /> be responsible for restoring any disturbance to the cap and cover of the property to the requirements in the <br /> closure and post-closure plan. Grantee shall also be responsible for any future Illinois and United States EPA <br /> or Environmental Protection Act monitoring required due to the installation, operation and maintenance or <br /> repair of the gas pipeline. Grantee shall also relocate the gas pipeline if required by the Illinois or United <br /> States EPA regulation or demand at no cost to the Grantor. <br /> Grantor,for itself,its successors and assigns,does hereby warrant and covenant unto Grantee, (1) <br /> that Grantor is the owner of the above-described land and has full right and authority validly to grant this <br /> easement, (2) that Grantee may quietly enjoy the premises for the purposes herein stated, and (3) that <br /> Grantor will not create or permit any building or other obstruction or condition of any kind or character upon <br /> Grantor's premises that will interfere with the Grantee's exercise and enjoyment of the easement rights <br /> hereinabove conveyed. <br /> ]This area Intentionally left blank.] <br /> Page 2 <br />