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10. As Is. <br />__. <br />_. . <br />-- - - <br />rantor : s - e fiver -t e _ asement--- to -- rantee . m _ _ __ or .t e purposes-- - <br />hereinbefore stated, with no express or implied warranty=or representation by :Grantor as to <br />___. ---._ ____-.---.the=safety;-security--or-physical--condition of-the Easement;---mcludmg-,-without-hmitat~on---------- - <br />--- ----- -the presence ofhaz~ous materials; sulistances, wastes or otfier environmentally :regulated <br />substances, or other contaminants in the soil or improvements, whether known or <br />unknown, and other physical characteristics, and Grantee assumes all risk and expense <br />with. respect to the construction and use of the Property. <br />11. Repair <br />Grantee will immediately repair any and all damages of any kind whatsoever <br />resulting from Grantee's use of the Property or will compensate Grantor for any and all <br />damages to Grantor's facilities and access drives located or which may subsequently be <br />located on Grantor's Property which proximately may result from Grantee's use of the <br />Property. <br />In the event Grantee fails to repair any and all damage to (i) the Property or (ii) <br />Grantor's adjacent or adjoining property resulting from use of the Property by Grantee <br />within ten (10) days after notice from Grantor, Grantor shall have the right but not the <br />obligation to make repairs andlor replacements required as a result of such damage, and <br />Grantee shall pay, the cost thereof to Grantor upon demand. <br />12. Comprehensive General Liability Insurance. <br />Grantee further agrees to purchase and maintain during the term of this Easement, <br />Comprehensive General Liability Insurance, including contractual liability, with minimum <br />limits of $1,000,000 per occurrence, combined single limit for bodily injury and property <br />damage, which limits may be increased from time to time by Grantor in a reasonable <br />amount. Grantor shall be included as additional named insured, it being understood that <br />said policy shall provide primary insurance to Grantor. A Certificate of Insurance <br />evidencing coverage shall be furnished to Grantor each year during the Term and shall be <br />mailed to Grantor at the address set forth below. Grantee shall cause the policy to be <br />endorsed to require written notice from the insurer to Grantor at least thirty (30) days prior <br />to the effective date of any cancellation or change therein. <br />5 <br />