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Whenever maintenance or work of any kind is performed on the <br />premises under the terms of this easement, the Grantee shall bear <br />no responsibility for restoration of the premises or their environs ' <br />to their original topographical condition. <br />The Grantor indemnifies and holds harmless the Grantees from <br />any and all damage, injury or loss to any person or property caused <br />by, related to or resulting from any leaks in the water main or <br />appurtenances or the maintenance, construction, reconstruction or <br />relocation of said main or appurtenances, other than damage, injury • <br />or loss caused by, related to or resulting Prom the sole negligence <br />of the Grantees. The Grantor further indemnifies and holds <br />harmless the Grantees from any and all expense incurred and damage <br />to the water main and appurtenances caused by, related to or <br />resulting from the Grantor's construction or maintenance of any <br />paving, walks, switch tracks, tunnels, sewers, ducts, pipes or pole <br />lines within or upon the premises or from any other use of the <br />premises by the Grantor. •, <br />The Grantor hereby reserves the right to use the premises <br />for the passage or transportation of personnel, materials or <br />equipment, and to make such other use of the premises as is not <br />expressly prohibited by or inconsistent with the terms of this <br />easement. <br />The Grantor and the Grantee mutually agree that neither the <br />recording of this instrument nor its acceptance by the Grantee <br />shall be construed as a dedication of the premises or an agreement <br />by the Grantee to accept the premises for dedication for public use ' <br />as a street. s• <br />The Grantor covenants with the Grantee that it is well _ <br />seized of the premises as a good and indefeasible estate in fee ~~ <br />simple and has the right to grant and convey the premises in the "" <br />manner and form above written. The Grantor further covenants that <br />he will warrant and defend the premises with the appurtenances <br />thereunto belonging to the Grantee against all lawful claims and <br />demands whatsoever for the purposes described herein. ' <br />TO HAVE AND TO HOLD the above granted easement, • <br />right-of-way, water lines, appurtenances and additions installed by <br />the Grantor, for the purposes above mentioned, unto the Grantee <br />forever. <br />IN WI'T'NESS WHEREOF, the undersigned have hereunto set their <br />hands at M(~yF~e~~~ v;~~~G.~ ~ ~ I+~~ this IY~~ day of <br />SePT~ nr3 F~ , 1992. <br />Signed in the Preosen/g of: <br />~ ,// / <br />,~ <br />. / ~,- <br />This Instrument Prepared By: <br />GRANTOR: <br />- 3 - <br />