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05/12/2008 08:36 9708701329 ROUTT COUNTY CLERK PAGE 04 <br />628239 <br />Pepe: 3 of 3 <br />10/27/ <br />2005 04_3Kny Wetnlend Routt County, CO FA EMT R 25.00 0 0.00 ?1 <br />• Grantees conduct the work in accordance with any <br />requirements of the Perinit and other applicable laws; <br />• Grantor retains the right to stop any work that, in Grantor's <br />judgment, is or may result in a violation of the Permit; <br />• Grantor has the right to abate any `Notice of Violation" that <br />may be issued by CDMG, other slate agency or a federal <br />agency for a violation of the Permit or related laws, <br />regardless of the impact on the Grantees' work; <br />• Grantees ogee to indemnify and hold harmless Grantor <br />against any penalties or other damages resulting from <br />Grantees' acts that result in a violation oftbe Permit, <br />2. If repairs are required for the Divide Road and Grantor doesn't consent <br />to Grantees' doing the work, Grantor shall perform the repairs. if <br />(hmtee's actions caused the need for the repairs, Grantees shall <br />reimburse Grantor for their cost. <br />B. After the Permit has been released: <br />Grantees shall have the right to repair, maintain, and make <br />modifications and improvements to Divide Road, subject to Grantor's <br />reasonable consent. If other landovmers are then using the mad for <br />access to their properties, they and Grantees stall beat the costs of <br />repairs or modifications on such basis as they may all agree. Absent <br />agreement, the parties shall bear the costs proportionately, based on, <br />the extent that the repairs or modifications benefit their respective <br />properties. <br />7. Grantor shall have the right, but not the obligation, to snake repairs or modifications <br />to Divide Road at any time. <br />S. Grantees accept this Easement as is, with no warranties of condition or fitness for <br />Grantee's needs and shall indemnify and hold harmless Grantor against any <br />claims, damages, or liabilities arising out of Grantees' use of Divide Road or <br />exercise of Grantees' rights under this Easement. <br />Signed this the 274' day of October, 2005. <br />CHEVRON U.S.A. INC. <br />Robert G. Utter, Attorney-in-Fact