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b. The benefits and obligations of the covenants of this easement deed shall <br />run with the land as desci~bed herein and.shall bind the respective parties hereto, their <br />heirs, successors, legal representatives and assigns. <br />c. This easement is granted subject to the following covenants, terms and <br />conditions, and the Grantee, by acceptance of this grant of easement, or through the <br />exercise of any of the rights mentioned hereto for and hereunder, shall be deemed to have <br />accepted and agreed to all of said covenants, terms and conditions: . <br />i. The Grantee, its successors and assigns, and its agents, servants, <br />representatives, and employees shall not interfere with the safe and continuous <br />operations of the Grantor on the above described premises, except for the purpose <br />so granted to the Grantee. <br />ii. The Grantee agrees that all work upon the aforementioned <br />easement shall be so conducted and performed so as to avoid all unnecessary <br />interference with the operation of said Grantor upon said premises. <br />iii. The Grantee, its successors and assigns, and its agents, servants, <br />representatives, and employees is expressly authorized to enter from time to time <br />upon said easement land, for reasons of performing work in connection with all of <br />said easement's purposes: <br />iv. The Grantee shall have the right to maintain ingress and egress to <br />said Grantor's property while work is in progress on said easement. <br />v. The Grantee agrees that subsequent to exercising any of their rights <br />mentioned herein, Grantee will restore the property insofar as is reasonably <br />possible to the same condition existing prior to such construction activities or as <br />may be required by law or applicable regulations. <br />vi. The Grantee agrees that all work done in connection with this <br />easement shall be performed in accordance with accepted engineering practices. <br />vii. The Grantee accepts the easement parcel "AS'IS" and "WITH <br />ALL FAULTS", with no express or implied warranty or representation by Grantor <br />as to the physical condition of the Premises, including, without limitation, as to <br />whether any hazardous materials or substances or subsurface conditions are <br />present at the site. <br />viii. The Grantee agrees to release, indemnify, hold harmless and <br />defend Grantor and any directors, officers, shareholders, employees and agents of <br />Grantor from any and against any and all claims, actions, administrative <br />proceedings, judgments, liens, demands, damages, actions or causes of action, <br />together with any and all losses, costs or expenses in connection therewith or <br />related thereto, including reasonable attorneys' fees, asserted by any person or <br />persons for bodily injury, death or property damage arising from or in any manner <br />-3- <br />M:\LBGAL1pmc11.041348 (M V)\Easement Discovery3.dnc <br />