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•n <br />sidewalk, street light, power pole, yard light, mailbox or sign, whether temporary or permanent, or <br />any shrub, tree, woody plant, nursery stock, garden or other landscaping design feature of any kind <br />placed on the Premises by Grantor; its successors and assigns, subsequent to the date hereof without <br />the District's consent may be removed by the District at the expense of Grantor-, its successors or- <br />assigns, without liability to the District <br />3. The District shall have the right to enter- upon the Premises and to survey, construct, <br />reconstruct, operate, use, maintain, repair; replace and remove the Improvements, and to remove <br />objects interfering therewith, including but not limited to those items placed on the Premises under <br />paragraph 2 hereof'. In addition, the District shall have the right to use so much of the adjoining <br />premises of the Grantor, its successors or assigns: (a) during surveying, construction, <br />reconstruction, use, maintenance, repair, replacement and/or removal of the Improvements as may <br />be reasonablymquired; and (b) to maintain or restore the thalweg of the South Platte River so as to <br />maintain the same along the face of the District's diversion structure; provided, however; that such <br />activities shall not interfere unreasonably with Grantor's, its successors' or assigns' use and <br />enjoyment of such adjoining premises. The District and its permitted assignees and licensees shall <br />repair any damage caused to any adjoining premises and the improvements thereon, and shall be <br />liable for any injury to person or damage to property, to the extent arising out of the District's, its <br />permitted assignee's or licensee's use of the Easement. <br />4. The District shall have and exercise the right of subjacent and lateral support to <br />whatever extent is necessary for the operation and maintenance of the improvements and to <br />maintain the thalweg of the South Platte River along the face of the District's diversion structure. It <br />is specifically agreed between and among the Grantor and the District that, except as provided in <br />this Easement, the Grantor; its successors and assigns, shall not take any action which would: 1) <br />impair the lateral or subjacent support for the Improvements, whether on the Premises or adjacent <br />to the Premises; or 2) change the thalweg ofthe South Platte River. the Grantor; its successors and <br />assigns, shall have and exercise the right of subjacent and lateral support to whatever extent is <br />necessary for the operation and maintenance of any improvements on property adjoining the <br />Premises so long as such support does not impair in any way the subjacent or lateral support of the <br />Improvements or change the thalweg of the South Platte River. It is specifically agreed by and <br />between the Grantor and the District that, except as provided in this Easement, the District shall not <br />take any action which would impair the lateral or subjacent support for such improvements. <br />2 <br />