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<br />VOL. 92-7388 PAGE 8
<br />The Grantor agrees to keep the premises sree oi materials,
<br />. equipment, vehicles, trees, shrubbery, and any other obstruc-
<br />tions which would interfere with Grantees' access to or main-
<br />tenance of water mains and appurtenances. Grantor further
<br />agrees to make no alterations to the premises which would
<br />increase the depth of the water main to more tlian six (6) feet
<br />or reduce its depth to less than five (5) feet.
<br />:Lf the Grantor desires to alter the premises in any way
<br />other than is expressly permitted hezein, he must obtain the
<br />prior written approval of the Grantees. Upon receipt of such
<br />approval, tha Grantor shall at his own expense relocate or
<br />reconstruct all or any portion of the water main snd
<br />appurtPnances which are affected by such alteration and, where
<br />necessary, grant a new easement of not less than twenty (20)
<br />feet in width under the same terms and conditions as herein
<br />provided. The relocated or reconstructed water main and
<br />appurtenances shall, upon completion, and approval by the
<br />Grantees, beco.Ae the property of Grantee, City of North
<br />Olmsted.
<br />If the Grantor violates any of the provisions of this
<br />easemenk, the Grantees, either jointly or separately and at the
<br />expense of the Grantor, may enter upon the premises and dis-
<br />continue water service or make such alterations as are neces-
<br />sary to bring the premises into compliance with the provisions
<br />of this easement.
<br />Whenever maintenance or work of any kind is performed on
<br />the premises under the terms of this easement, the Grantees,
<br />jointly and separately, shall bear no responsibility for
<br />restoration of the premises or their environs to their oriqinal
<br />topographical condition. The Grantor indemnifies and holds harniless the Grantees
<br />from any and all damage, injury or loss to any person or
<br />property caused by, related to or resultinq from any leaks in
<br />the water main or appurtenances or the maintenance, con-
<br />structioa, reconstruction or,,relocation of said main or
<br />appurtenances, other than.damaqe, 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 :.ncurred and damage to
<br />the water main and appurtenances caused by, related to or
<br />resulting from the Grantor's construction oz maintenance of any
<br />paving, walks, switch tracks, tunnels, sewers, ducts, pipes or
<br />pole lines within'or upon the premises or from any other use of
<br />the premises by the Grantor.
<br />The Grantor hereby reserves the riqht to use the premises
<br />for the passage or transportation. of personnel, materials or
<br />equipment, and to make such other uce of the premises as is not
<br />expressly prohibited by,or inconsistent with the terms of this
<br />easement. ,.The Grantor further;'.aqrees?that.:since the water main to be
<br />installed on the premises is for circulation purposes only, r.o
<br />service connections or hydrants shall be connected to it at any
<br />time, and that divisional valves of the same size as the water
<br />main sha11 be installed at each longitudinal end of the pre-
<br />mises. In the event of leakage or a break in the main, the
<br />Division of Water will close the divisional valves and take out
<br />of service that portion of the main which traverses the pre-
<br />mises unti'1 it iu repaired by and at the expense of the Grantor
<br />or the suburban authority.
<br />The Grantor and the Grantees m4tually agree that neithe:r
<br />the recordinq of this instrument nor its acceptance by tlie
<br />Grantees shall be construed as a dedication of the premises or
<br />an agreement by the Grantees to accept the premises for dedi-
<br />cation for public use as a street.
<br />The Grantor covenants,with the Grantees that it is well
<br />seized of t,he premisea as a good and indefeasible estate in fee
<br />simple and has the right to yrant and convey the premises in
<br />the manner and form above written. Tha Grantor further cove-
<br />nants t}:at he will warrant and defend the premises with the
<br />appurtenances thereunto belonqinq to the Grantees aqainst all
<br />lawful claims and demands whatsoever for the purposes described
<br />herein.
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