|
Grantor's request, Grantee shall execute such documentation as may be necessary to evidence the
<br />termination of this Easement Agreement.
<br />3. COVENANTS OF GRANTEE. In exercising the rights granted hereunder, performing
<br />the Easement Activities, and otherwise accessing the Easement Property, Grantee agrees to each
<br />of the following covenants:
<br />3.1 Except for conducting and completing the Easement Activities, which shall be
<br />specifically permitted if performed in accordance with the terms of the Purchase Agreement,
<br />Grantee shall protect the Easement Property and any adjacent lands of Grantor or others from
<br />damage caused in whole or in part by acts or omissions of Grantee, its agents, employees,
<br />contractors, concessionaires, representatives, successors and assigns (collectively, and together
<br />with Grantee, "Grantee's Responsible Parties"). For purposes of clarification, any owners or
<br />operators (or any agents, employees or invitees thereof) of natural gas pipelines or any oil and
<br />gas drilling, exploration or production equipment which may be located on the Easement
<br />Property (or any portion thereof) will not be included within or associated with Grantee's
<br />Responsible Parties. Grantee shall clean, cure, repair and correct any such damage caused by
<br />any of Grantee's Responsible Parties to any elements of the Easement Property or the above
<br />referenced adjacent lands, including, but not limited to, any utilities, structures and other
<br />improvements situate therein or thereon, and shall keep all of such property reasonably clean and
<br />reasonably clear of equipment, building materials, dirt, debris, and similar materials deposited or
<br />caused to be deposited thereon by any of Grantee's Responsible Parties in excess of those
<br />required to conduct and complete Grantee's Work on the Easement Property.
<br />3.2 All Easement Activities shall be performed at Grantee's sole cost and expense.
<br />3.3 Grantee's Responsible Parties shall enter onto the Easement Property and utilize
<br />the Easement granted hereunder at their own risk and they further assume all risks related to the
<br />same. Grantor shall have no liability to Grantee's Responsible Parties for any and all claims,
<br />damages, losses, liens, costs, liabilities, fines, and expenses (including reasonable attorneys' fees
<br />and court costs), damage to or destruction of property, and death of or injury to any person
<br />related to or arising from entry onto the Easement Property and Grantor is hereby irrevocably
<br />and forever released from the same.
<br />3.4 In all actions undertaken on the Easement Property by any of Grantee's
<br />Responsible Parties, all work shall be completed in a workmanlike manner, free of all liens
<br />(including mechanic's liens) and encumbrances on the Easement Property.
<br />3.5 Grantee shall not cause, or permit to be caused by any of Grantee's Responsible
<br />Parties, any Hazardous Materials (as defined below) to be transported to, or dumped, spilled,
<br />released, permanently stored, or deposited on, over or beneath the Easement Property or any
<br />other lands owned by Grantor. "Hazardous Materials" means substances, materials or waste the
<br />generation, handling, storage, treatment or disposal of which is regulated by any local, state or
<br />federal government authority or laws, as a "hazardous waste," "hazardous material," "hazardous
<br />substance," "pollutant" or "contaminant" and including, without limitation, those designated as a
<br />"hazardous substance" under Section 311 or listed pursuant to Section 307 of the Clean Water
<br />Act (33 U.S.C. Secs. 1321, 1317), defined as a "hazardous waste" under Section 1004 of the
<br />Page 3
<br />Access Esmt Everist — 8-10-15
<br />
|