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c. During periods of construction,maintenance or repairs,the SDD shall <br /> have the right of use of the temporary easement and the temporary <br /> being ten(10) feet as shown on E�ibit"A". Said temporary easement <br /> shall be in full force and effect at any time SDD needs to access the <br /> sewer line and/or sewer facilities for maintenance,repair andlor <br /> replacement of the sewer line and/or sewer facilities. <br /> d. The SDD shall have the right and obligation to restore the surface of that <br /> part of the property herein described used for construction purposes,to <br /> its original grade and to re-seed any disturbed areas which were used as <br /> lawns,pastures and greenways at the time of this easement. <br /> e. Any fence or other improvement not inconsistent with this easement <br /> which is located on the area covered by this easement,but which is <br /> moved or disturbed during construction shall be replaced, at the <br /> expense of the SDD. <br /> f. The SDD shall make reasonable effort to preserve any trees, shrubbery, <br /> or other items of landscaping during construction,but the SDD shall <br /> have the right to remove,without obligation to replace,trees and <br /> shrubbery within the area covered by the permanent and temporary <br /> easements where such removal is reasonably necessary to the <br /> economical construction,reconstruction, or repair of the sewer and for <br /> the access of equipment. <br /> g. Said sewer or sewers and all sewer facilities used or useful in connection <br /> therewith shall be installed and maintained at SDD's sole risk and <br /> expense,with due diligence and in a workman-like manner, and SDD <br /> shall indemnify and save Owner harmless from any loss, damage,or <br /> injury to person or property arising out of the SDD's operations <br /> hereunder, except such as may directly result from the negligence of <br /> Owner. <br /> h. The Owner or its successors in title shall have no right to connect to said <br /> sewer or sewers without the prior written consent of the SDD. <br /> i. Notwithstanding the description contained herein,the easements <br /> granted hereby shall only extend to so much of the property described <br /> herein as is actually owned by Owner on the execution date hereof. <br /> Further,the easements granted hereby are under and subject to any <br /> existing easement,right of way,reservation,restriction or other defect <br /> in the title either of record or, if not of record,visually discernable on <br /> Owner's property. <br /> j. This Agreement contains all the terms and conditions agreed upon by <br /> the parties and no other agreements, oral or otherwise, shall be deemed <br /> to exist. <br /> Page 2 of 4 <br />