C150298 Easement & ROW Agreement

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Pipeline that crosses over the Grantor's property, payable at the time construction of the Water Pipeline commences. 5. Liability to Others. Each party shall be responsible for any and all claims, demands, actions, losses, liabilities, or expenses of whatever sort, including attorneys fees, that are incurred by any person or entity arising out of or in connection with such party's use or occupation of the Easements, or the use or occupation of the Easement by its or their agents, employees, contractors, invitees or licensees. In the event the Grantee and Grantor, or their respective officers, directors, members, employees, agents, contractors, representatives, heirs or assigns are held jointly and severally liable under any statute, decision, or other law providing for such joint and several liability for their respective activities on the Easement, the obligations of each to respond in damages shall be apportioned, as between the Grantee and Grantor, in proportion to the contributions of each as measured by the acts and omissions of each which in fact caused such legal injury, damage or harm and the Grantee and Grantor shall indemnify each other to the extent necessary to assure such apportionment. 6. Water Court and Administrative Proceedings. Grantee may file an application in the Water Court, Water Division No. 1, and may seek approval of one or more substitute water supply plans in connection with Grantee's delivery of the Augmentation Credits through the Water Pipeline to one or more recharge sites as described in this Agreement. Grantor expressly agrees that this Agreement does not provide any basis for Grantor to object to said water court application or request for substitute water supply plan, and Grantor agrees not to oppose such proceedings. 7. Assignment; Amendment. The Easement herein conveyed by Grantor to Grantee may be assigned by Grantee in whole or in part, provided that Grantor shall be given written notice of any such assignment. This Agreement may only be amended in writing, and any amendment must be signed by all parties. 8. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph. 9. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Grantor's Property, or any portion thereof shall be subject to this Agreement. This Agreement shall be recorded with the Morgan County Clerk and Recorder, and shall impose an easement and covenants running with the land upon the Grantor's Property. Deeds to subsequent owners of the Grantor's Property shall provide notice of this Agreement and the obligations contained herein. 3