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<br />good condition and repair, all at Grantee's sole expense. Notwithstanding the foregoing,
<br />Grantee may use the Bike Path Easement, and the Bike Path Parcel to:
<br />a) install, construct, inspect, operate, repair, patrol, maintain and remove in, under and
<br />along said right-of-way across said Property such hard or soft pavements, landscaping,
<br />directional or informational signage, or other appurtenances as Grantee may reasonably
<br />deem necessary or as may reasonably become necessary for, or in Gonnection with, the
<br />Bike Path Easement. Except.as specified above, no right is granted to Grantee to cause
<br />the Bike Path Facilities to be relocated berieath or above the surface of Grantor's Parcel;
<br />b) trim, cut and remove at any and all times any trees, limbs, roots, underbrush or other
<br />obstructions within said Bike Path Parcel.which may, in the reasonable judgment of
<br />Grantee, interfere with or endanger users of the Bike Path Facilities; and '
<br />c) construct and/or install fiber optic cables in the event the Village determines that it is
<br />able to wire the Village.
<br />3. Grantor's Continuinq Riqhts.
<br />a) Grantor reserves the right to use the Bike Path Parcel for purposes ancillary to the
<br />construction of the Subdivision, including, but not limited to, planting grass, flowers and
<br />ornamental shrubbery, installing and maintaining sidewalks, roadways, utilities (above
<br />and beneath the ground). If Grantee excavates the Bike Path Parcel or any portion
<br />thereof, or otherwise uses the Bike Path Parcel 'for any of the purposes herein
<br />enumerated which requires the removal of Grantor's vegetation or improvements,
<br />Grantee shall exercise ordinary care in removing; replanting, repairing, and replacing the
<br />same but will not assure the continued life of the vegetation so removed or replanted.
<br />Grantee shall not, except as permitted by this Agreement, use the Bike Path Easement
<br />in any way which interferes with the use of Grantor's Parcel by Grantor or the use of the
<br />Lots or Subdivision fixtures, amenities, and improvements by the owners of Lots therein.
<br />b) At such time as Grantor sells or otherwise divests itself of its interest in and to the
<br />Grantor's Property and the Subdivision, Grantor's rights herein shall vest in any active
<br />and duly constituted homeowners' or lot owners' association formed by and consisting of
<br />the owners of Lots within the Subdivision (the "Association"), and thereafter, the
<br />Association shall be entitled to enforce any of Grantor's rights and enjoy any of Grantor's
<br />benefits appertaining to the Bike Path Easement or the Bike Path Parcel. Furthermore,
<br />at such time as Grantor sells or otherwise divests itself of its interest in and to the
<br />Grantor's Property and the Subdivision, Grantor shall, and hereby is, released from any
<br />and all obligations of any nature whatsoever with respect to Grantor's Property and the
<br />Subdivision.
<br />4. Conditions to Acceptance and Use bv Grantee. By accepting the grant of easement,. and by
<br />exercising any of the rights granted to if, Grantee agrees that:
<br />a) Indemnification: Grantee shall, and.hereby does, indemnify and hold Grantor harmless
<br />from any cost, expense, damage, loss, claim, harm or injury associated with the Bike
<br />Path Easement, Bike Fath Parcel, or Bike Path Facilities, including, without limitation,
<br />the cost of the maintenance, repair, improvement and replacement thereof, and any and
<br />all expenses, losses and liabilities suffered by Grantor as a result of a governmental
<br />authority having jurisdiction ordering a cleanup, removal or other remediation of any
<br />hazardous substances as defined by the Comprehensive Environmental Response,
<br />Compensation and Liability Act, as amended from time to time; any haaardous waste as
<br />defined by the Resource Conservation and Recovery Act of 1976 as amended from time
<br />to time; any and all material or substance defined as hazardous pursuan# to any federal,
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