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• 9. Covenants Running with the Land. All of the rights-of-way, restrictions, covenants and agreements
<br />set forth in this Agreement are intended to be and shall be construed as covenants (and not conditions)
<br />running with the land, binding upon, inuring to the benefit of and enforceable by each party to this Agreement
<br />- and each partes successors and assigns, as allowed herein.
<br />10. Grantors' Reserved Rights. Each Grantor reserves the right, at any time and from time to time, to
<br />make such use of that Grantee's Property as desired, at its sole discretion and for any purpose, provided that
<br />in the exercise by Grantor of the foregoing rights, Grantor will not substantially interfere with Grantees' use of
<br />the Right-of-Way.
<br />11. Relocation and Modification. Any Grantor may relocate or modify, at such Grantors own expense,
<br />the Right-of-Way on that Grantor's Property, or any part thereof, to a different location on such Grantor's
<br />Property if the Right-of-W ay should interfere, in the Grantor's sole and absolute discretion, with Grantor's use
<br />and maintenance of such Grantor's Property as now or hereafter existing, or if any Grantee's use of the Right-
<br />of-Way should, in the reasonable judgment of any Grantor, constitute a hazard to such Grantor's Property or
<br />the general public. Notwithstanding the foregoing, prior to such any relocation or modification of the
<br />Right-of-Way, such Grantor shall provide Grantees notice of such relocation or modification and estimated
<br />time of completion, which time shalt not be unreasonably exceeded. Grantors agree that such relocation or
<br />modification shall not result in a new Right-of-Way, which is narrower, of a steeper grade, or otherwise not
<br />reasonably equivalent to the Right-of-Way as presently constructed, and further that Grantees shall be
<br />provided some Right-of-Way access during any period of relocation or modification of the Right-of-Way. Any
<br />Grantor who utilizes this provision to relocate the Right-of-Way as it crosses such Grantor's Property shall
<br />record a legal description of the centerline of such relocated Right-of-Way, prepared by a surveyor licensed in
<br />the State of Colorado, in a document which refers to the recording information of this Agreement ("Relocation
<br />Notice"). Upon the recording of such Relocation Notice, this Agreement shall be amended only as to that
<br />portion of the Right-of-Way affected.
<br />12. Indemnification. Each party to this Agreement agrees to defend, indemnify and hold all other parties
<br />• to this Agreement, their successors, contractors, employees, invitees, agents and assigns, harmless from and
<br />against any liability, cost or expense, including attorney fees, incurred by any of such other parties, resulting
<br />from the use or occupation of the Right-of-Way by the indemnifying party and or that partes contractors,
<br />employees, invitees, agents or assigns.
<br />13. Cooperation. Grantors agree to provide to and for Grantees such governmental consents and
<br />waivers which Grantors are capable of providing, and to refrain from lodging objections or protests as to
<br />governmental approvals or actions, in accord with the rights granted in this Agreement.
<br />14. Hazardous Materials. No Grantee shall bring onto the Right-of-Way, or permit to be brought onto
<br />the Right-of-Way, any hazardous or toxic substance or material, excluding petroleum and other items
<br />customarily used in agricultural or coal mining operations, regardless of their toxicity or hazardous nature,
<br />regulated by the State of Colorado, the United States government, or any other government authority with
<br />applicable jurisdiction (the "Hazardous Materials"). In the event any Grantee brings Hazardous Materials or
<br />petroleum and other items customarily used in agricultural or coal mining operations regulated by any
<br />governmental authority ("Excluded Hazardous Materials") onto the Right-of-Way (with or without permission of
<br />the Grantors), such Grantee shall comply with all applicable laws, ordinances, and regulations. Such Grantee
<br />shall remove such Hazardous Materials from the Right-of-Way immediately upon request of any Grantor.
<br />Such Grantee shall bear all costs related to environmental investigation, cleanup, removal, or restoration of
<br />any water, air, groundwater, natural resources, soil, or land, including, but not limited to, the Right-of-Way,
<br />incurred as a result of the presence of such Hazardous Materials and/or the Excluded Hazardous Materials on
<br />the Right-of-Way, or arising out of the acts or omissions of such Grantee, its employees, licensees, agents,
<br />contractors, subcontractors, invitees and/or other persons.
<br />15. Grantees' Sole Risk and Exaense. Each Grantee agrees that use of the Right-of-Way by that
<br />Grantee hereunder, or its employees, licensees, agents, contractors, subcontractors, invitees and/or other
<br />persons, shall be at the sole risk and experise of that Grantee, subject to the provisions of this Agreement.
<br />a I III III II I I IIIII III II II I IIIII II II ii llll llll 578 0469:13{
<br />Kav Weinland Routt County, CO ERSEMENT R 131.00 D 0.00
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