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RECEPTION#: 2013000079891, 09/12/2013 at 11:00:00 AM, 2 OF 8, Doc Type:EAS TD
<br /> Pages: 0 Karen Long, Adams County, CO
<br /> unreasonably obstruct or interfere with the Easement Property or to use or allow any use of the Easement
<br /> Property in conflict with the rights granted herein and Grantee's use of the Access Easement.
<br /> 3. Use of Access Easement. The Access Easement may be used for ingress and egress and utilities
<br /> to/from the Grantee Property. The Access Easement shall extend above and below the surface of the
<br /> Access Easement to the extent reasonably necessary to use the Access Easement and exercise the rights
<br /> provided herein. Notwithstanding the foregoing, no portion of the Easement Property may be used for
<br /> gathering, collection or delivery pipelines, or other similar permanent facilities used in connection with
<br /> any oil and gas operations on the Grantee Property.
<br /> 4. Maintenance Obligations/Expenses. Grantee, or its successors and assigns, at its sole cost and
<br /> expense, will be responsible for the reasonable maintenance and repair (including, but not limited to the
<br /> snow removal and periodic grading, as necessary) of the Access Easement as Grantee, in its reasonable
<br /> discretion, deems appropriate (the "Maintenance Fees"). Except as provided in this Section 4, Grantee
<br /> will have no other liability for any damages or repairs to the Access Easement unless caused by the gross
<br /> negligence or willful misconduct of Grantee. Without limiting the generality of the foregoing with
<br /> respect to maintenance, Grantee or its successor and assigns (and Grantor expressly authorizes Grantee
<br /> and its successors and assigns) at such party's sole cost and expense, construct one new all weather road
<br /> through, in, over and across the Easement Property. If a new all weather road is constructed, the travel
<br /> surface shall be no wider than sixteen feet (16') in width and shall be constructed with a 2% crown to
<br /> promote drainage, and the roadway shall be limited to fifteen feet (15') from the centerline of the
<br /> Easement Property for all fills,shoulders and crossings,unless otherwise dictated by local,state or federal
<br /> laws or regulations governing such roads. Where requested by Grantor, Grantee (or its successors and
<br /> assigns) shall install side ditches along roadway to transport runoff to appropriate drainage structures in
<br /> connection with such road construction. Grantee and its successors and assigns shall use best
<br /> management practices to suppress dust on all roads installed by the Grantee(or its successors and assigns)
<br /> pursuant to this provision.
<br /> 5. Compliance with Laws. Each of the Parties,at its own expense,shall comply with all applicable
<br /> laws, regulations, rules and orders, regardless of when they became or become effective, including,
<br /> without limitation,those related to health,safety,drainage and transportation.
<br /> 6. Indemnification. Each of the Parties agrees to indemnify and hold the other harmless from any
<br /> claims, losses, costs, liabilities or expenses incurred by the other Party as a result of a default in
<br /> connection with this Agreement, or any of the defaulting Party's conduct or activity in connection with
<br /> the Access Easement or in violation of any laws,rules,regulations,ordinances,judgments or orders.
<br /> 7. Successors and Assigns. This Agreement shall be assignable by Grantee, in whole or in part,
<br /> and shall be binding upon and inure to the benefit of, and be enforceable by, the Parties and their
<br /> respective successors, executors and assigns. The Access Easement is for the benefit of and shall run
<br /> with the Grantee Property and shall be a burden on the Grantor Property.
<br /> 8. Remedies. If any breach of this Agreement by a Party is not cured within thirty (30) days (or
<br /> such additional time period as may be reasonably necessary) after written notice thereof from the other
<br /> Party, the non-breaching Party may(a)bring an action against the other Party and recover any monetary
<br /> damages,(b)obtain injunctive relief,or(c)pursue any other remedy available at law or in equity. In case
<br /> of any litigation arising out of or in connection with this Agreement,the prevailing Party shall be entitled
<br /> to recover its reasonable attorneys'fees and costs.
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