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The easement, grants, and other provisions contained herein shall constitute a covenant
<br /> running with the land for the benefit of Grantee, its successors and assigns. Without limiting the
<br /> generality of the foregoing, it is expressly covenanted and agreed between the Grantor and the
<br /> Grantee herein, and as covenants running with the land herein described,as follows:
<br /> (1)Neither Grantor, nor its successors, nor anyone acting under authority of Grantor or its
<br /> successors shall interfere with Grantee's rights under this easement. Neither Grantor, nor its
<br /> successors, nor anyone acting under authority of Grantor or its successors shall construct, set,
<br /> place, or erect a permanent building or structure on said easement; provided however, the
<br /> Grantor and its successors may use said strip of land for driveway, parking area, growing crops,
<br /> fence, or lawn improvements, as long as such use does not damage the utilities, related
<br /> appurtenances, and facilities, prohibit, restrict, or interfere with the use and purposes of said
<br /> easement, or restrict or limit access by the Grantee for its use and purposes.
<br /> (2)The Grantee shall have the right and obligation to restore the surface of that part of
<br /> the property herein described used for construction purposes to its original grade and to re-seed
<br /> any disturbed areas which were used as lawns, pastures, and greenways at the time of this
<br /> easement.
<br /> (3) Any landscape feature or other improvement not inconsistent with this easement
<br /> which 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
<br /> the 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. Further,the
<br /> easements granted hereby are under and subject to any existing easement, right of way,
<br /> reservation, restriction or other defect in the title of record on Grantors property.
<br /> (8)This Agreement contains all the terms and conditions agreed upon by the parties and
<br /> no other agreements, oral or otherwise,shall be deemed to exist.
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