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__ <br />_ ., <br />...,..~.µ~.. . <br />• ~ ,~~,,, VOL. 9~4-09596 PAGE g <br />The Grantor indemnifies and holds harmless the Grantees <br />from any and all damage, injury or loss to any person or <br />property caused by, related to or resulting from any leaks in <br />the water main or appurtenances oc the maintenance, <br />•construction, reconstruction or relocation of said main oc <br />appurtenances, other than damage, injury or loss caused by, <br />related to or resulting from the sole negligence of the <br />Grantees. The Grantor further indemnifies and holds harmless <br />the Grantees from any and all expense incurred and damage tv the <br />water main and appurtenances caused by, related to or resulting <br />from the Grantor's construction or maintenance of any paving, <br />walks, switch tracks, tunnels, sewers, ducts, pipes or pole <br />lines within or upon the premises oc 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 thls <br />easement. <br />The Grantor and the Grantees mutually agree that neither <br />the recording of this instrument nor its acceptance by the <br />Grantees shall be construed as a dedication of the premises or <br />an agreement by the Grantees to accept the premises for <br />dedication Eor public use as a street. <br />The Grantor covenants with the Grantees 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 <br />that he will warrant and defend the premises with the <br />appurtenances. thereunto belonging to the Grantees against all <br />lawful claims and demands whatsoever for the purposes described <br />herein. <br />TO HAVE AND TO HOLD the above granted easement, <br />right-of-way, water lines, appurtenances and additions installed <br />by the Grantor, for the purposes above mentioned, unto the <br />Grantees forever. <br />IN WITNESS WHEREOF, the undersigned have hereunto set <br />their hands at North Olmsted ohi this 14t_ h _ day <br />o f -_ January ~, 9-9=. ~ . -, •,r~~~ <br />Signed in the Presence of: <br />l~ ~" • ~~~ <br />- C• <br />This Instrument <br />'-~~.Rs. <br />w~-~L f~C• Ps <br />I <br />spared By: <br />_Zwick Associa es Inc_ ~• <br /> <br />3 <br />Hennie Homes Inc. <br />By Rocco H. Puzzitiello, Jr. <br />President <br />