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?<< 522 =} F296
<br />respective share of such Owner's maintenance obligation into an escrow
<br />checking account requiring signature of the GRANTOR and the GRANTEE
<br />and from which account the joint check of the GRANTOR and (IRANTt F:
<br />shall be issued :n payment of such then L'urrent maintenance obligation.
<br />D. The GRANTOR and/or GRANTEE, to the extent permitted by law, do hereby
<br />indemnify and hold, defend and save each other harmless from liability, obligations
<br />or responsibility for loss or damage due to each other's respective negligent acts
<br />and/or omissions and for the negligent acts and/cr omissions of agents, employees
<br />and servants, including attorney fees, fees of expe! witnesses and court costs.
<br />GOVERNMENTAL 1MIviL1NITY. The parties hereto understand and agree that ;o
<br />long as GRANTOR is the Owner of Parcel A, GRANTOR's officers, and employees,
<br />are relying on, and do not waive or intend to waive, by any provision of this
<br />agreement, the monetary limitations or any other rights, immunities, and protections
<br />provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et s ., as
<br />it is from time to time amended, or otherwise available to Thornton, its officers, or
<br />its employees.
<br />E. Without cost or payment to GRANTEE calci for a term of forty (40) years after the
<br />date hereof, 'tic GRANTOR, its succossors and assibr.ns, hereby grants an onticn to
<br />Intermountain aural Eiectritication Association of Littleton, Colorado (Assodation),
<br />to re exercised in writinc, and deliv-rest to the GRANTOR for a separate perpetual
<br />easement across Parcel A for the use and benefit of GRANTF.F. his heia-s, legal
<br />representatives and assigns with the lorarion of the easement to be selected by the
<br />GRANTEE and approved by GRANTOR, which approval will not be unreasonably
<br />withheld, for install. tion of all electrica: and power facilities needed or necessany
<br />to effectuate electric transmission tines, poles, guy wires, transformers, above
<br />ground and below ground facitides, substation and all other related facilities and
<br />accessories of every kind and description, all itu accordance with titre usual and
<br />standard instrument easement now or hereafter prescribed by the Association and
<br />which shall be executed and de_'itiered by GRA NITOF., its successors and assigns to
<br />the Association, apon such written request. All of the foregoing provisions of this
<br />optiort shall survive this agreement.
<br />F. GRANTOR, its successors and ASsign, acknowledges and agrees, that the existing
<br />unrecorded easement theretofore bra<ited to U.S. West, btc., a corporation, ;n, upor,
<br />under and thorougl, from the Southwesterly line of U.S. I ;hwy 2ti5 and Parcel
<br />R to the Easterly b}undary lune of Parcel A shall continue in prrpvtuit} for the use
<br />and henefit of the GRANTEE, his heirs, Irgai representatives, personal
<br />repLestisldlMeb rind ,ts. gob (,i,t p►•cyu,l tuid WILErl- Ov%:nt rs X11 I'art-cl li) .uid upon
<br />request of U.S. West, the GRANTOI , its successors and assigns, hereby cuvetliuIls
<br />and agtees at any time during a term of forty (40) years from the date hereof and
<br />withour cost or obligation to sign, execute and deliver to U.S. WEST the standard
<br />telephone and telecommunications easement which it deems needful or necessary
<br />to provide present and future telephone and telecommunications service to
<br />GRANTEE, his heirs, legal representatives, personal tepresLntatives and assigns-
<br />(being
<br />s,5ignti(being the present and all futu.? Owners of Parcel B).
<br />d
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