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4. Grantee will give consideration to Grantor under the terms of this Easement, in the
<br /> amount of $423.00. .Grantee will also compensate Grantor for pavement value, landscaping
<br /> and the reinstallation of a light pole in the amounts of $5700.00, $3,000.00 and 3,856.00
<br /> respectively. Total payment in the amount of Twelve Thousand Nine Hundred and Seventy
<br /> ' Nine Dollars and 00/100's ($12,979.00) shall be paid by Grantee to Grantor upon final
<br /> execution of this Easement.
<br /> 5. Grantee hereby covenants and warrants to Grantor that it has secured all of the
<br /> necessary permits and approvals required to complete Grantee's Work.
<br /> 6. Grantor hereby reserves all such rights and privileges in the Grantor's Property as may
<br /> be used and enjoyed by Grantor subject to the terms of this Easement.
<br /> 7. If any damage occurs to Grantor's Property or any improvements thereon arising out
<br /> of, related to, or as a consequence of any of Grantee's Work in the Easement Area, Grantor will
<br /> promptly notify Grantee in writing of the damage and Grantee will repair the damage within
<br /> thirty (30) days after receipt of Grantor's notice.
<br /> 8. Grantee will not park on or store any construction vehicles, equipment or materials
<br /> within the Easement Area or on Grantor's Property.
<br /> 9. Grantee will hold harmless, indemnify and .defend Grantor, its lessees, licensees,
<br /> employees, agents, contractors and assigns, and each of their lessees, licensees, employees,
<br /> agents, contractors and assigns, against any and all claims, losses, damages, liabilities,
<br /> expenses and costs (including, but not limited to, reasonable attorney's fees and court costs)
<br /> suffered or incurred by Grantor for injuries to any person and damage to any property arising
<br />
<br /> ' out of, in connection with, or as a result or consequence of Grantee's Work in or use of the
<br /> Easement Area.
<br /> 10. Grantee shall enter upon the Easement Area and conduct Grantee's Work at its sole
<br /> risk, cost and expense. Grantee hereby waives and relinquishes any and all claims, liabilities,
<br /> causes of action, demands, costs and expenses related to the subject matter of this Easement
<br /> now or hereafter arising in Grantee or any of its employees', contractors' or agents' favor with
<br /> respect to injury to persons or property occasioned by, directly or indirectly, the conditions of
<br /> the Grantor'
<br /> s Pro ert or an im rovements thereon or an other facts . or occurrences with
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<br /> respect to Grantee's conduct under this Easement.
<br /> 11. If there is a failure by either party to perform, fulfill or .observe any agreement
<br /> contained within this Easement, to be performed, fulfilled or observed by it, continuing for thirty
<br /> (30) days, or in situations involving potential danger to the health or safety of persons in, on or
<br /> about or substantial deterioration of the Grantor's Property, in each case after written notice,
<br /> the other party may, at its election, cure such failure or breach on behalf of the defaulting parry.
<br /> Any amount which the party so electing shall expend for such purpose, or which shall otherwise
<br /> be due by either party to the other, shalt be paid to the party to whom due on demand, without
<br /> contest, upon delivery of its invoice, together with interest at the lower of (1) the rate of 10% per
<br /> annum, or (2) the maximum rate permissible from time to time under applicable law, from the
<br /> date of the expenditure or the date when it shall have become due to the date of payment in
<br /> full.
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