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Grantor makes no representation as to the suitability of the Easement for use by Grantee <br />• and no such representation, or any other representations, are made by Grantor or shall be <br />implied by operation of law or otherwise, <br />SECTION 10. GATES. Seneca Coal Company agrees, within a reasonable <br />period of time following execution of this Agreement, to construct a good and substantial <br />gate with lock at the south entrance of Easement, ensure the existing gate and lock at the <br />north entrance of Easement is in working condition, and furnish Grantor with the keys or <br />combinations for said locks. Subject to Grantor's right of use of the Easement, Grantee <br />agrees to keep such gates closed and locked when not in use thereby allowing only the <br />Grantee. its' employees, licensees, agents, contractors, subcontractors and invitees to <br />access the Easement. <br />SECTION I1. GRANTEE'S USE AND MAINTENANCE. The Grantee <br />agrees to: a) use the Easement in a reasonable and prudent manner so as to prevent <br />damage to the Easement and its improvements, and the Grantee shall compensate the <br />Grantor for the reasonable value of damages to the Easement and Property upon which <br />the Easement is located resulting from the Grantee's failure to comply with the <br />aforementioned standards or which result from such Grantee's use of the Easement :. b) <br />maintain and keep the Easement and all improvements located thereon in good repair and <br />in sightly condition ai all titnes, all at Grantee's sole expense; d) keep the entire Easement <br />free from all rubbish, waste, debris, and obstructions of any sort; and e) keep the <br />• Easement in a condition as required by law, including by the ordinances of the city, town <br />or county in which the Easement is situated. At the time this Agreement is entered into, <br />Seneca intends to use the Easement as a coal haul road. Notwithstanding the foregoing <br />provisions concerning maintenance of the Easement, for so long as Seneca continues such <br />use, all maintenance of the Easement (except maintenance or repair caused by the use or <br />misuse of the Easement by the Grantor) shall be performed by Seneca at its expense. <br />Upon termination of its use of the Easement as a coal haul road and release of its' <br />Reclamation Bond and Mine Permit #C-82-057, Seneca shall give written notice to the <br />Grantor, its' successors or assigns. Seneca agrees to maintain such Easement, during the <br />period that it is using the Easement as a coal haul road, in a condition which is adequate <br />for the passage of vehicular traffic. Upon release of Mine Permit #C-82-057 and <br />associated Reclamation Bond and termination of this Easement, Seneca shall reclaim the <br />Easement property with the exception of a thirty foot (30') wide portion to be left in a <br />condition suitable for year-round travel. <br />SECTION 12. RELOCATION AND MODIFICATION. The Grantor may <br />relocate or modify, at Grantor's own expense, the Easement. or any part thereof, to a <br />different location on Grantor's Property if the Easement should interfere, in the Grantors' <br />sole and absolute discretion, with Grantors' use and maintenance of Grantor's Property as <br />now or hereafter existing, or if the Grantee's use of the Easement should, in the <br />reasonable judgment of the Grantor, constitute a hazard to the Grantor's Property or the <br />. general public. Notwithstanding the foregoing. (prior to any relocation or modification of <br />4 <br />