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equipment, fixtures, appurtenances, and above-ground and below-ground facilities, together with <br />right to have electrical services extended to the Easement Area to provide service to such facilities <br />and the right to ingress and egress across the Easement Area for the purpose of access to and use of <br />the easement granted herein. <br />2. Grantee shall, at its expense, upon installing, constructing, operating, inspecting, <br />maintaining, repairing or replacing the equipment and facilities that are the subject of this easement, <br />restore all property disturbed by such activities to the condition existing prior to the disturbance. <br />3. Grantee shall have the right to remove or trim such trees and brush in the Easement <br />Area as is necessary to exercise the rights conveyed herein. <br />4. Grantee agrees it will not seek to hold Grantor, its officers, employees, and agents, <br />liable or responsible for any actions, claims, damages, liabilities, and expenses arising by reason of <br />the use of the Easement Area by Grantee. Grantee also agrees to include Grantor as an additional <br />insured on any policy of insurance or self-insurance program of Grantee which covers Grantee for <br />liability to third parties for Grantee's operations and activities upon the Easement Area. <br />5. Grantor represents and warrants to the Grantee that Grantor is the true and lawful <br />owner of the Premises in fee simple and has full right and power to grant and convey the rights <br />conveyed herein. <br />6. This Agreement shall bind and inure to the benefit of the parties hereto, their <br />respective successors, representatives and assigns. <br />7. The Easement herein granted shall run with the land. <br />1N WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be <br />executed by its duly authorized representatives as set forth below. <br />[Signatures are on following page.] <br />{00852337 - 1 } 2 <br />