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in the water main or appurtenances or the maintenance, construction, reconstruction or <br />relocation of said main or appurtenances, other than damage, injury or loss caused by, <br />related to or resulting from the sole negligence of the Grantees. The Grantor further <br />indexnnifies and holds harmless the Grantees from any and all expense incurred and <br />damage to the water main and appurtenances caused by, related to or resulting from the <br />Grantor's construction or maintenance of any paving, walks, switch tracks, tun.nels, <br />sewers, ducts, pipes or pole line within or upon the premises or from any other use of <br />the premises by the Grantor. <br />The Grantor hereby reserves the right to use the premises for the passage or <br />transportation of personnel, materials or equipment, and to make such other use of the <br />premises as is not expressly prohibited by or inconsistent with the terms of this easement. <br />The Grantor and the Grantees mutually agree that neither the recording of this <br />instrument nor its acceptance by the Grantees shall be construed as a dedication of the <br />premises or an agreement by the Grantees to accept the premises for dedication for public <br />use as a street. <br />The Grantor covenants with the Grantees that it is well seized of the premises as <br />a good and indefeasible estate in fee simple and has the right to grant and convey the <br />preniises in the manner and form above written. The Grantor further covena.nts that he <br />will warrant and defend the premises with the appurtenances thereunto belonging to the <br />Grantees against all lawful claims and demands whatsoever for the purposes described <br />herein. <br />TO HAVE AND TO HOLD the above granted easement, right-of-way, water lines, <br />appurtenances and additions installed by the Grantor, for the purposes above mentioned, <br />unto the Grantees forever. <br />IN WITNESS WHEREOF, the undersigned has hereunto set their hands at <br />?30r-k?\ G(ms-beGl, Ohrb this day of 2002. <br />GRANTOR: <br />David . nyder <br />-t I J , .11417 <br />PM lb X? <br />"iy Sn d r <br />Signed in the Presence of: