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<br />111111111111111111111111111111111111 08/02/2004 6@5528'1.aar
<br />Kay Welnland Routt County. GO ERSEMENT 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 relieve'Grantee from liabllity for full performance under this
<br />Agreement unless and until: (a) any assignees) 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 regulations'.applicable to it or its activities on the Easement
<br />Lands, Including those pertaining'to'the environment and land reclamation, if any.
<br />13. Grantee shall compensate Grantor 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 />pasture, Grantee shall re -vegetate such areas utilizing a mixture of plants native
<br />to the surrounding lands. Grantee agrees to consult with Grantor, or. Grantor's
<br />deslghee, and, if necessary . or appropriate, the Routt County Planning
<br />Administrator concerning the appropriate seed mixture, application rates and
<br />planting technique..
<br />In areas of cultivated cropland, Grantee shall pay Grantor, or Grantor's designee,
<br />for crop damage caused by the construction, maintenance, use and removal of
<br />the Facilities, which damages shall include reimbursement for all itemized
<br />expenses related to soil preparation and reseeding of disturbed areas.
<br />15. Any and all notices, demands and other communications required or permitted to
<br />be given hereunder shall be in writing arid shall be deemed to .have been duly
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