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(1) Grantor shall have and retain all rights to use and occupy the premises and access to <br /> Grantor's remaining property, except as herein expressly granted; provided, however, that <br /> Grantor's use and occupation of the premise may not interfere with Grantee's use of the premises <br /> for the purposes herein described. <br /> (2)The Grantee shall have the right and obligation to restore the surface of that part of the <br /> property herein described used for construction purposes to its original grade and to re-seed any <br /> disturbed areas which were used as lawns, pastures,and greenways at the time of this easement. <br /> (3)Any landscape feature or other improvement not inconsistent with this easement which <br /> was located on the area covered by this easement, but which is moved or disturbed during <br /> construction, shall be restored as nearly as possible to its condition immediately prior to <br /> construction,at the expense of the Grantee. <br /> (4) The Grantee shall make reasonable effort to preserve any trees, shrubbery, or other <br /> items of landscaping during construction, but the Grantee shall have the right to remove,without , <br /> obligation to replace, trees and shrubbery within the area covered by the easement where such <br /> removal is reasonably necessary to the economical construction, reconstruction, or repair of any <br /> utilities, related appurtenances, or facilities, or for the access of equipment. <br /> (5) Grantee shall indemnify and save Grantor harmless from any loss, damage, or injury to <br /> person or property arising out of the Grantee's operations hereunder,except such as may directly <br /> result from the negligence or willful misconduct of Grantor. <br /> (6) Grantee may allow third-parties to access and use the property described herein for the <br /> same purposes and to the same extent as Grantee itself may access and use the property. <br /> (7) Notwithstanding the description contained herein,the easements granted hereby shall <br /> only extend to so much of the property described herein as is owned by the Grantor. <br /> (8 This Agreement contains all the terms and conditions agreed upon by the parties and no <br /> other agreements, oral or otherwise, shall be deemed to exist. This Temporary Construction <br /> Easement shall terminate upon completion and acceptance of the utilities, but no later than <br /> December 31, 2027. <br /> Page 2 of 3 <br />