Laserfiche WebLink
expenses (including the actual cost of investigation, litigation, and a reasonable attorney's fee)to <br /> the extent arising out of Grantee's use of Grantor's Land. Unless Grantor is compensated by <br /> funds statutorily created for liability or indemnification for CO2 activities, Grantee hereby <br /> releases and discharges Grantor from and shall indemnify and save Grantor harmless from and <br /> against any and all claims, liability, damages, penalties for violations of laws or regulations, costs <br /> and expenses(including the actual cost of investigation, litigation, and reasonable attorney's <br /> fees)to the extent arising out of Grantee's use of Grantor's land. For purposes of clarity,the <br /> Grantor is under no obligation to seek indemnification from the State of Illinois if funds are <br /> statutorily created for liability or indemnification for CO2 activities in lieu of seeking <br /> indemnification from Grantee. To the extent allowed by law, Grantor shall indemnify Grantee <br /> against any and all claims, liability, damages,penalties, or expenses caused by the negligence or <br /> misconduct of Grantor, its agents, contractors or employees. <br /> If any one or more of the provisions contained in this instrument shall, for any reason, be <br /> invalid, illegal or unenforceable in any respect,then to the maximum extent permitted by law, <br /> such invalidity, illegality or unenforceability shall not affect any other provision of this <br /> instrument. <br /> This instrument shall be freely assignable by the Grantee, its successors and assigns, <br /> provided, however, the assignee or transferee shall be a person or entity having a net equity <br /> (exclusive of its interest in the carbon sequestration project) of at least fifty million dollars <br /> ($50,000,000), or a comparable amount of insurance or performance bond, or other financial <br /> assurance acceptable to Grantor,and provided that such person or entity, or the principals <br /> controlling such entity,hold the relevant management or development experience in comparable <br /> carbon sequestration projects or underground injection projects. This instrument binds and inures <br /> to the benefit of the Grantor,the Grantee, and their respective successors and assigns. This <br /> easement shall be binding upon Grantor and on any successor(s) to Grantor's ownership of <br /> Grantor's Land or any portion thereof. The covenants and agreements herein shall be <br /> covenants that run with the land. This easement can only be amended by written agreement of <br /> Grantor and Grantee. <br /> This instrument shall be governed by the laws of the State of Illinois. <br /> [signature page follows] <br /> 3 <br /> Classification:Confidential <br />