|
restored as nearly as porsible to its condition immediately prior to construction, at the expense of
<br /> the Grantee.
<br /> (4) The Grantee shall make reasonable effort to preserve any trees, shrubbery, or other items
<br /> of landscaping during construction, but the Grantee shall have the right to remove, without obligation
<br /> to replace, trees and shrubbery within the area covered by the permanent and temporary
<br /> easements where such removal is reasonably necessary to the economical construction,
<br /> reconstruction, or repair of the sewer and for the access of equipment, but will pay for reasonable
<br /> damages to lawn, ornamental shrubs and trees.
<br /> (5) Said water and wastewater system and all facilities used or useful in connection therewith
<br /> shall be installed and maintained at Grantee's sole risk and expense, with due diligence and in a
<br /> workmanlike manner, 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 of Grantor.
<br /> (6) Grantee shall defend, indemnify and hold Grantor, its subsidiaries, affiliates and divisions,
<br /> and their respective officers, directors, employees and agents, harmless from any and all liabilities,
<br /> damages, judgments, costs, expenses, and other charges, including without limitation reasonable
<br /> attorneys' and demands on account of personal injuries, including without limitation death, or injury
<br /> to or destruction of any property to whomsoever belonging, including without limitation property in
<br /> the care, custody and control of the parties hereto, arising out of or in any way related to the laying,
<br /> constructing removing, replacing, renewing, maintaining, repairing, operating and protecting a water
<br /> and wastewater system on, under, over and across the easement area as described above.
<br /> (7) The grantor(s) or its successors in title shall have no right to connect to said water and
<br /> wastewater system without prior written consent of the Grantee.
<br /> (8) Notwithstanding the description contained herein, the easements granted hereby shall
<br /> extend to so much of the property described herein as is actually owned by Grantor on the
<br /> execution date to hereof. Further, the easements granted hereby are under and subject to any
<br /> existing right of way, reservation, restriction or other defect in the title either of record or, if not of
<br /> record visually discernable on Grantor's property.
<br /> (9) 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.
<br /> (10) Explanation of damages and cost of each:
<br /> Damages Cost
<br /> WATER AND WASTEWATER SYSTEM EASEMENT Page 3 of 5
<br /> ARCHER DANIELS MIDLAND COMPANY
<br />
|