R2003-146 AUTHORIZING FIRST AMENDMENT

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grantor's Tract, including any emergency work, the grantee shall provide to the grantor evidence of insurance coverage as required by Section 5.4(C). (B) If required by the provider of any utility service, the Party whose Tract is to be burdened thereby agrees to and shall grant such easement to such utility service provider as long as the documentation evidencing the grant of such easement mutually and reasonably acceptable to the granting Party, the benefited Party and the utility provider. (C) Any Party electing to install a Sepazate Utility Line shall obtain all permits and approvals and shall pay all costs and expenses with respect to the initial construction and all subsequent maintenance, relocation or abandonment of the Separate Utility Line. The Separate Utility Line shall be maintained in a safe, clean and good state of repair and condition. The grantee shall obtain all permits and approvals required with respect to the initial construction thereof and shall perform such work in compliance with all Governmental Requirements, as quickly as possible, and, if such work is to be performed by Developer on the Target Tract, or within the Main Drive after January 31, 2005, shall be performed after normal business hours whenever possible. The grantee of any Separate Utility Line agrees to defend, protect, indemnify and hold harmless the grantor from and against all claims or demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from the exercise of the right to install, maintain and operate the Separate Utility Line; provided, however, the foregoing obligation shall not apply to claims or demands based on the negligence or the willful act or omission of the grantor. (D) Except as may otherwise be agreed, the Parties (the "Cooperating Parties") electing to install a Common Utility Line shall obtain all permits and approvals and shall pay all costs and expenses with respect to the initial construction thereof. (E) Each Party hereby grants and conveys to each other Party owning an adjacent Tract the perpetual right and easement to discharge surface storm water drainage andJor runoff from the grantee's Tract over, upon and across the Common Area of the grantor's Tract, upon the following conditions and terms: (i) The grades and the surface water drainage/retention system for the Shopping Center shall be initially constructed in strict conformance with the plans and specifications approved by the Approving Parties; and 9 #592904 v5-OEA-Decatur 9/19/2003