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3. Consideration for Right-of-Way. As consideration for this right-of-way, <br /> Grantee shall pay Grantor the sum of Five Thousand Dollars ($5,000.00) <br /> concurrently with the execution of this agreement. <br /> 4. Care for Lands Through Which the Road Passes. Grantee shall, not less than <br /> annually, pick up trash and refuse accumulation within 300 feet on each side of the <br /> road as it passes through Grantor's land and remove trash, paper, plastic and metal <br /> alongs ide of the road. Grantee shall take reasonable steps to control dust created by <br /> grantee traffic on the road. <br /> 5. Gates. Grantee shall, at the request of Grantor or its successor, replace the <br /> gate presently in place at the intersection of the Old Mine Road and County Road 104, <br /> with a wider gate than is presently in place and to maintain same, so long as the <br /> property owner (Skull Creek LLC), has no objection to the replacement. Grantor <br /> agrees that said gate may remain open while haul trucks are using the Old Mine Road <br /> and agrees to close the gate only at times that would not interfere with movement of <br /> haul trucks. <br /> 6. Indemnification, Hold Harmless and Defend. Grantee shall hold harmless, <br /> indemnify, and defend Grantor against any claims and liability for personal injuries, <br /> property damage, or for loss of life on road and adjoining property resulting <br /> from or in any way connected with, the condition or use of the road covered by <br /> this agreement. <br /> 7. Notices. Any notice or report under this agreement shall be sent to the parties <br /> and the agent hereunder at the addresses respectively listed above, unless such <br /> addresses change by written notice to each person concerned, in which event <br /> the new address given shall be used for the sending of such notice or report. Any <br /> required notice shall be made by certified mail properly addressed and postage <br /> prepaid. <br />