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• 4. No Implied Waiver. No assent, express or implied, by any partyto this Agreement to any breach of <br />any one or more of the agreements hereof shall be deemed or taken to be a waiver of any other breach. <br />5. Snecitic Performance. The agreements and promises made in this Agreement are supported by <br />good and valuable consideration and affect unique interests in real estate. The parties agree that there is no <br />adequate remedy at taw for remedying any material breach of this Agreement. In the event of a material <br />breach or failure by any party to comply with the obligations set forth in this Agreement, then each pa,Ry <br />agrees that specific performance of such obligations is the appropriate remedy. <br />6. Disclaimer of Warranty. Grantees have conducted their own investigation and inspection of the <br />Right-of-Way and are familiar with the physical condition of the same and Surrounding terrain, and are fully <br />informed as to the existing conditions and limitations, Grantors make no representation as to the suRabilib/of <br />the Right-of-W ay for use by Grantees and no such representation, orany other representations, are made by <br />Grantors nor shall they be implied by operation of taw or otherwise. <br />Gates. <br />(a.) Seneca Goal Company agrees, within a reasonable period of time following execution of this <br />Agreement, to construct a good and substantial gate with lock at the south entrance of Right-of-Way, <br />ensure the existing gate and lock at the north entrance of Right-of-Way is in working condition, and furnish <br />Grantees with the keys or combinations for said locks. Grantees agree to keep such gates closed and <br />locked when not in use thereby allowing only Grantees, their employees, licensees, agents, contractors, <br />subcontractors, invitees and other persons to access the Right-of-Way. <br />(b.) Each Grantor reserves the right to place gates or cattle guards (in such Grentor's discretion) <br />across the Right-of-Way at the point where such Right-ot-Way enters and/or leaves said GrantoYs <br />Property. A Grantor who wishes to install a gate or cattle guard in accordance wRh the foregoing sentence <br />shalt consult with Seneca Coal Company concerning dimensions prior to installing said gates or cattle <br />guards, and any gate so installed shall be of adequate size to allow coal trucks to pass through and no; to <br />intertere with Seneca Coal Company's operations or invalidate any previous agreements executed with <br />Seneca Coal Company. The gates provided for in this subparagraph 7(b.) shall never be locked wRhout <br />the written consent of a majority of tha Grantees, who have a right to pass over the Right-of-Way at they <br />point where such gates(s) intersects the Right-of•Way and further, Seneca Coal Company shall 6e <br />provided with the keys to any such lock(s). <br />8, Grantees'UseandMaintenance, Each Grantee agreesto:a)usetheRight-of-Wayinareasohable <br />and prudent manner so as to prevent damage to the Right-of-Way and fts improvements; b) maintain and <br />keep that Grantee's Property which is a part of the Right-of-Way and all improvements located thereoh in <br />good repair and in sightly condition at all times, all at that Grantee's sole expense; cj keep that Grantee's <br />Property which is pan of the Right-of-Way free from all rubbish, waste, debris, and obstructions of any sort; <br />and d} keep that Grantee's Property which is part of the Right-of-W ay in accord With all applicable laws, rules, <br />and regulations, At the time this Agreement is entered into, Seneca uses the Right-of-Way as a coal haul <br />road. Notwithstanding the foregoing provisions of this Paragraph 8, for so long as Seneda Coal Company <br />continues to use. the Right-of-Way all maintenance and repair of the Right-of-Way (except maintenance or <br />repair caused by the misuse of the Right-of-Way by another Grantee) shall be pertormed by Seneca Coal <br />Company at its expense. Upon termination of its use of the Right-of-Way as a coal haul rdad, Seneca shall <br />give written notice to each of the Grantees, their successors or assigns, Seneca agrees to maintain the <br />Right-of-Way, during the period that it is using the Right-of-Way as a coal haul road, in a condition, which is <br />adequate for the passage of vehicular traffic, following which period each Grantee sgrees to negotiate in good <br />faith cowards a plan of action acceptable to all parties for the proper carp and maintenance of the Hight-of-Way. <br />• III~IIII~IIIII~~~IIIIIIIiIII~IIlI1IIlII~III~lllllilllli 59 a~r7~6a:tao <br />3 Kay Welnland Rautt Coun tY~ Co EASEMENT R 131,00 D 0,00 <br />