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IIIIIIIILIIIIIII�VIIIVIIIIIIIIIVIII111VIIIIIIIIIII 08/02/2004 6058 of 43 aer <br />Kay Welnland Roult COUnty, Go EASEMENT R.216,00 D 0.00 <br />Grantor shall not be required for assignment or transfer by Grantee to an affiliate, <br />parent or subsidiary, or by virtue of statutory merger, consolidation, or <br />reorganization or to a successor owner of all, or substantially all, of the assets of <br />Grantee, and provided, further, that no assignment (whether requiring notice or <br />not) shall in any way relleve"Grantee from liability for full performance under this <br />Agreement unless and, until: (a) any asslgnee(s) agrees in writing to assume the <br />liabilities, duties and obligations, and be bound by the terms and conditions, of <br />this Agreement; and (b) Grantor is reasonably assured that the assignee has the <br />capability, financially and otherwise, to assume the duties And obligations <br />hereunder. Grantee shall use commercially reasonable efforts to provide Grantor <br />with sixty (60) days advance notice of any proposed assignment or transfer of <br />this Agreement or of any interest therein, Any assignment or transfer in violation <br />of this Section shall be null and vold. <br />12. Grantee has conducted its own inspection and investigation of the Easement <br />Lands, Including but not limited to, all physical conditions such as surface and <br />subsurface conditions (including potential for future or further subsidence), <br />routing, access, as well as prior use and existing or future adjacent or co -existing <br />operations, and all laws, ordinances, and regulations affecting the Easement <br />Lands and Grantee's intended use and operations, and. has determined they are <br />suitable for its purposes and Grantee is not relying upon any representation or <br />statement of Grantor with respect to the condition or suitability of the Easement <br />Lands. In utilizing the Easement Lands granted herein, Grantee shall comply <br />with all laws, rules or regulatiohs'applicable to it or its activities on the Easement <br />Lands, Including those pertalning'to the environment and land reclamation, if any. <br />141 <br />13, Grantee shall compensate Gttantor or repair to Grantor's reasonable satisfaction <br />any damage or disturbance it may do to Grantor's lands, roads and <br />Improvements, e.g. fences, located therein; thereon or thereunder, if any, in the <br />course of construction, maintenance, use and removal of the Facilities, <br />reasonable wear and tear and damage due to the elements and fire excepted, <br />14. Except with respect to areas of cultivated cropland, which shall be addressed as <br />provided below, upon completion of construction activities upon the Easement <br />Lands, Grantee shall restore the surface of all disturbed areas, except access <br />roads required for ongoing maintenance and patrol activities, to their original <br />contour prior to work thereon or use thereof. For disturbed areas presently in <br />