Laserfiche WebLink
t •� <br /> 4. Liens; No Denial of Access. Grantee shall not suffer or permit to be enforced <br /> against the Easement Area Property, or any part thereof, any mechanic's, materialmen's, <br /> contractor's or subcontractor's liens or any claims for damages arising from any permitted use of <br /> the Easement Area Property. Grantee shall pay or cause to be paid all of said liens, claims or <br /> damages before any action is brought to enforce same against the Easement Area Property. <br /> Grantee expressly agrees to protect, defend, indemnify and hold Grantor and the Easement Area <br /> Property harmless from and against all liability for any and all such liens, claims and demands <br /> arising as a result of Grantee's work on the Easement Area Property, together with reasonable <br /> attorney's fees and all costs and expenses in connection therewith. Under no circumstances shall <br /> access be denied to or from any portion of the Easement Area Property for emergency vehicles <br /> (police, fire and ambulance). <br /> 5. Grantor Not Liable; Grantor Reserved Rights. Grantee and its employees, <br /> contractors, subcontractors and agents understand and agree that they shall enter upon the <br /> Easement Area Property at their own risk. Grantor shall have no duty to inspect the Easement <br /> Area Property to which the Easement applies and shall have no duty to warn any person of any <br /> latent or patent defect, condition or risk that may exist on the Easement Area Property or that <br /> might be incurred in the exercise of the rights granted herein. Grantor shall not be responsible <br /> for any loss or theft of or damage to any of the equipment or vehicles or any items located <br /> therein while on or about the Easement Area Property. Grantee, as a material part of the <br /> consideration of this Agreement, waives all claims or damages against Grantor for any such loss, <br /> damage, or injury of Grantee or its employees, contractors, subcontractors or agents, except to <br /> the extent caused by the negligence or willful misconduct of Grantor. Grantor reserves the right <br /> for itself and for its successors and assigns to use and occupy the Easement Area Property for <br /> any and all uses and purposes not inconsistent with any Grantee's use thereof for the purposes <br /> herein described; provided, however, that Grantor's use and occupancy of all or any portion of <br /> the Easement Area Property shall not interfere with Grantee's grading and Fill Dirt removal <br /> operations contemplated by this Agreement, and provided further that Grantor shall not be <br /> permitted to install fences, gates, cattle guards, and any other agricultural improvements within <br /> the Easement Area Property, or to install any other improvements or conduct any other activities <br /> which unreasonably interfere with or otherwise preclude Grantee's access and other rights under <br /> this Agreement. In connection with the foregoing, Grantor understands, acknowledges and <br /> agrees that Grantee intends to use the Easement Area Property for, among other things, the <br /> removal and transportation of Fill Dirt and rock from the Fill Dirt Borrow Area portion of the <br /> Easement Area Property, and nothing, in this paragraph shall be interpreted to permit Grantor to <br /> unreasonably interfere with those activities or to materially adversely interrupt or disrupt <br /> Grantee's business operations associated therewith. Subject to all of the foregoing, Grantor may <br /> maintain locked gates across or within the Easement Area Property, provided that Grantor shall <br /> provide a key or combination to such lock to any Grantee and provided that the same do not <br /> unreasonably interfere with or materially adversely interrupt or disrupt Grantee's grading and <br /> \\CS-7608371000001-385320 vl0 <br /> 5 <br />