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� t <br />z <br />I IiIIII IIIiI IIIIII VIII VIII IIIIII VIII Ili IiIII IIII IIII Page: 4 of 08/02/2004 60552$ 01:48; <br />Kay Welnland Routt County, CO EASEMENT R 216.00 D 0.00 <br />Lands, or cause the grade of the surface of the Easement Lands to be materially <br />altered without the prior written consent of Grantee. Notwithstanding Grantee's <br />consent to the placement of any Improvements or conduct of the above- <br />described excavation or grade -impacting activities, in the event, after such <br />consent Is given, Grantee reasonably determines that such Improvement, <br />excavation or change of grade unreasonably interferes ,with or is dangerous to <br />the Facilities or the operations of Grantee hereunder, then Grantee by written <br />notice to Grantor may require Grantor to cease such activities immediately and/or <br />remove or relocate such Improvement, as the case may be, at Grantor's sole <br />expense. It Is agreed that any withholding of consent based on the National <br />Electric Safety Code, the National Electric Code or the National Electric <br />Manufacturers' Association Code shall be reasonable, but Grantee's right to <br />reasonably withhold consent shall not be limited thereby. <br />7. Grantee agrees to permit no liens or encumbrances to attach to or remain upon <br />the Easement Lands as a result of its construction, maintenance, operation, use <br />and removal of the Facilities and the Easement Lands described herein. <br />8. All of Grantee's Activities shall be at Grantee's own risk. Grantee shall defend, <br />indemnify and save harmless Grantor, its joint venturers, partners, and affiliated <br />entities, and each of their -respective employees, officers, directors, shareholders <br />and agents, and their successors and assigns (collectively referred to as "Grantor <br />Entltles"), from and against any and all claims,. demands, losses, damages, <br />injuries, liabilities, penalties, fines, costs and expenses (Including reasoriablb ° <br />legal fees, costs and disbursements) of whatever nature, kind and quali", <br />vV .ether fn law or In equity (collectively "Liabilities"), as maybe asserted, broug , <br />levied, ordered or imposed against Grantor Entities on account of any bodily <br />injury or death to any person or persons; damage or injury to, destruction, loss, <br />or loss of use or value of, any property or interest (tangible or intangible) of any, <br />person or persons, including that of either parry hereto; any damage or injury to, <br />destruction, loss, or loss of use or value of, natural resources or the environment, <br />including any response, removal or remedial action; and any violation of or <br />obligation under any federal, state or local law, regulation, rale or ordinance, to <br />the extent such may arise out of or be caused by, be the result of or related to, <br />directly or indirectly, the negligent, Illegal or wrongful acts, and omissions of <br />Grantee, Its employees, agents, contractors, subcontractors, licensees and <br />suppliers in conducting activities hereunder or their presence upon or about the <br />Easement Lands. In addition, notwithstanding anything to,the contrary, Grantee <br />shall indemnify and hold harmless the -Grantor Entities with respect to Liabilities <br />arising out of any unsafe condition of the Easement Lands, or arising out of the <br />construction or maintenance of the Facilities -by Grantee or its employees, <br />agents, contractors, subcontractors, licensees and suppliers. Grantee's <br />obligations hereunder shall include Liabilities asserted under any legal theory, <br />Including without limitation, common law, statutory or administrative law, contract, <br />tort, negligence, breach of warranty, strict liability, contribution,- indemnity, <br />subrogatlon, or equitable doctrines or remedies, and any Liabilities incurred in <br />connection with or as a result of any settlements, awards, judgments or <br />insurance or other recoveries. Notwithstanding anything to the contrary herein, <br />Grantee shall not assume and shall have no liability for the ' negligence or <br />Intentional wrongful acts of Grantor or the Grantor Entities. <br />4 <br />