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including, but not limited to, the use of roads for utilities, power lines, water lines and related
<br />facilities and other utilities related to mine operations, ditches, impoundments and any and all other
<br />uses related to or necessary or convenient for gravel mining and preparation operations,
<br />environmental studies, exploration and surveying activities, storage and stockpiles of materials,
<br />mine construction, reclamation and environmental monitoring activities,. and access on and across
<br />the Property with any persons, machinery, equipment, appliances and supplies for any of such
<br />purposes, uses, operations or activities.
<br />SECTION 3. EXISTING EASEMENTS AND AGREEMENTS. This Easement shall be
<br />subject to all easements and agreements, both of record and not of record, for the use,
<br />maintenance, repair, operation and removal of all existing access roadways and all existing
<br />underground and overhead lines, wires, cables and conduits for public utilities.
<br />SECTION 4. OTHER EASEMENTS. Grantor further reserves unto itself, its grantees,
<br />successors and assigns in perpetuity the right use and to grant easements and licenses to others,
<br />to cross above or underneath the surface of said Property in such manner as shall be satisfactory
<br />to Grantor, provided, however, that no such use, easement or license (or the use thereof) shall
<br />unreasonably interfere with Grantee's us of the Property for the purposes hereinbove described.
<br />SECTION 5. TERMINATION OF EASEMENT. If at any time Grantee shall determine
<br />to cease to use said easement for the purposes herein contemplated, or if Grantee shall
<br />discontinue use of said easement for a period of twenty-five (25) years or more, it shall notify the
<br />then owner of the fee interest in the land underlying the easement granted herein in writing, and
<br />provide the fee owner with a release of the easement hereby granted, in recordable format, and
<br />the easement granted shall terminate and revert to said owner, and all said duties and obligations
<br />set forth shall terminate.
<br />SECTION 6. LIABILITY. Except to the extent caused by the negligence of Grantor, its
<br />agents, employees or assigns, Grantee shall defend, indemnify and hold harmless Grantor, its
<br />affiliated corporations, employees, agents or assigns for any loss, cost, damage (direct or remote,
<br />foreseen or unforeseen, consequential or otherwise), cause of action, settlement, liability or
<br />expense, including without limitation reasonable attorneys' fees and court costs, arising from or
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