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8. The Board is acquiring the rights in the subject property in order to insure to the Board a <br />dominant easement for the exercise of the Board's functions, and that the exercise of any <br />rights in the subject property other than those retained by the Grantor should be within <br />the discretion of the Board. The Board agrees to permit and authorize such other uses of <br />the subject property, not reserved in the Grantor, as will not impair the Board's dominant <br />rights, upon the payment of reasonable compensation to the Board and upon such terms, <br />limitations, and conditions as the Board shall find reasonably necessary to protect its <br />dominant right of occupancy of the subject property for the purpose of the Board without <br />undue or unnecessary injury to or impairment of the estate retained by the Grantor. <br />9. If the Board abandons use and operation of the pipeline facilities laid pursuant to this <br />easement for a period in excess of 10 years, the Board, upon request, agrees to execute <br />and deliver to the then current owner of the property subject to this easement a recordable <br />termination and release of this easement agreement. <br />10. The Grantor warrants that Grantor has full right and lawful authority to make the grant <br />contained herein, and promises and agrees to defend the Board in the exercise of the <br />Board's rights hereunder against any defect in Grantor's title to the land involved arising <br />by, through or under Grantor, but not otherwise. <br />(VON - EXCLUSIVE) <br />Each and every one of the benefits and burdens of this Agreement shall inure to and be <br />binding upon the respective legal representatives, heirs, executors, administrators, <br />successors and assigns of the parties. <br />13. For the resolution of any dispute arising from this Agreement. venue shall be in the courts <br />of Weld County, State of Colorado. <br />13. Unless special provisions are listed below and, or attached. the above constitutes the <br />whole Agreement between the parties and no additional or different oral representation. <br />promise or agreement shall be binding on any of the parties with respect to the subject <br />matter of this instrument. To the extent that any special provisions are in conflict with <br />any other provisions, the special provisions shall control and supersede any other terns or <br />provisions. <br />SPECIAL PROVISIONS: <br />14. The Board acknowledges the Grantor's intention to construct a future roadway over the <br />easement area. The Board agrees to coordinate initial and future facility installations <br />with the Grantor to ensure that potential roadway access can be maintained. <br />13. Notwithstanding provision number 4, the Board acknowledges this easement is subject to <br />all prior agreements, liens, licenses and easements previously recorded against this <br />property including, but not limited to, those listed below: <br />a. State Department of Highways easement Reception No. 2071813 <br />b. Department of Transportation easement Reception No. 2678578 <br />3 <br />