PERMFILE115185 - Laserfiche WebLink

Home Browse Search

~ . .. ~ .J ~ • (c) second party shall indemnify first party against any loss or damage which shall be caused by the exercise of said ingress and egress or by I any wrongful or negligent act or omission of second party or of its ~ agents or employees in the course of their employment; (d) second party shall construct all towers, poles and/or other structures in a manner which will permit first party to safely mine sand, gravel I and other materials within 10 feet of said structures; (e) second party shall indemnify first party against any loss or damage which shall be caused by the failure of any tower, pole and/or other structure to withstand said mining at a distance in excess of 10 feet from said structure. First party reserves the right to use said strip for purposes which will not interfere with second party's full enjoyment of the rights hereby granted; provided that first party shall not: (a) erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction, or add to the ground level in said strip; provided that first party may install fences and underground pipelines with the written consent of second party, which consent shall not be unreasonably withheld; (b) deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on said strip, or so near thereto as to constitute, in the opinion of second party, a hazard to said towers, poles, and/or other structures, wires or cables; (c) grant any easement or easements on, under, or over said strip without the written consent of second party; (d) excavate and mine sand, gravel and other materials on said strip a~ carry -0ra-- a s sc+c-i-a tom.-m i-n i~g-ac-t i-v ~ti-es , --p r-ov: i-ded--tha-i~ne--x+i rri-nq-c~e u r ~ ~c~ . - within 10 feet of any existing to~•+er, pole and/or other structure '~'~-. 1' erected by the second party.