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<br /> <br />Notwithstanding anything herein to the contrary, if Grantee fails to backfill or patch in <br />accordance with recommended industry standards, Grantor shall have the right to pursue any and <br />all available remedies at law or in equity. <br />In the event of a mechanics' lien is filed on any portion of the Premises as a result of any <br />construction, alterations, repairs or other such activities alleged to be caused by the activities of <br />Crrantee, or anybody acting by, through ar under Crrantee, then Grantee shall cause such lien to <br />be bonded or otherwise removed from the record within thirty (30) days following recexpt of <br />notice from Grantor that the mechanics' lien has been filed. <br />"The Grantor indemnifies and holds harmless the Grantee from any and all claims, <br />liabilities, losses, expenses and damages, including reasonable attorneys' fees and costs, arising <br />from injury or loss to any person or property caused by, related to or resulting from any defeetive <br />design, installation or leaks in the sewer line or appurtenances arising from the Grantor's <br />construction, reconstruction or relocation of said sewer line or appurtenances, other than damage <br />(including reasonable attorneys' fees and costs) , injury or loss caused by, related to or resulting <br />from the negligence of the Grantee, its agents, servants, employees or contractors. The Grantor <br />indemnifies and holds harmless the Grantee from any and all expense incurred and damage to the <br />sewer line and appurtenances caused by, related to or resulting from the Crrantor's constniction <br />or maintenance of any paving, walks, switch tracks, tunnels, sewers, ducts, pipes or pole line <br />within or upon the Premises or from any other use of the Premises by the Grantor. <br />The Grantor hereby retains and reserves the right to continue to use the Premises for the <br />passage or 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 Grantee mutually agree that neither the recording of this instrument <br />nor its acceptance by the Grantee shall be construed as a dedication of the Premises or an <br />agreement by the Grantee to accept the Premises for dedication for public use as a street. <br />The Grantor covenants with the Grantee that it is well seized of the Premises as a good and <br />indefeasible estate in fee simple and has the right to grant and convey the Premises in the manner <br />and form above written. The Crrantor further covenants that it will warrant and defend the <br />Premises with the appurtenances thereunto belonging to the Grantee against all lawful claims and <br />demands whatsoever for the purposes described herein. <br />Miscellaneous. <br />a. Notices. All claims, notices, consents, approvals, requests, waivers and <br />other communications hereunder must be made in writing and delivered by <br />personal service, with a written receipt, or telecopied (with confirmation by <br />personal delivery or mail) or sent overnight by comxnercial overnight courier, or <br />by registered or certified mail, in a sealed envelope, postage prepaid, return <br />receipt requested to the last know address of the pariy receiving such notice. Any <br />such notiee personally seroed shall be deemed given when actually received by <br />any officer, employee or agent of the recipient. Any such notice telecopied shall <br />be deemed given when actually received by the recipient's telecopier. Any such <br />notice by mail shall be deemed to have been received on first attempted delivery. <br />Page 3 of 6