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2. Any and all cuts and fills, excavations or embankments necessary in the <br />construction, maintenance, or future alteration of said street shall be made <br />and maintained in such manner, form and extent as will provide adequate <br />drainage of and from the adjoining lands and premises of the Grantor; and <br />wherever any such fill or embankment shall or may obstruct the natural and <br />pre-existing drainage from such lands and premises of the Grantor, the Grantee <br />shall construct and maintain such culverts or drains as may be requisite to <br />preserve such natural and pre-existing drainage, and shall also wherever <br />necessary, construct extensions of existing drains, culverts or ditches <br />through or along the premises of the Grantor, such extensions to be of <br />adequate sectional dimensions to preserve the present flowage of drainage or <br />other waters, and of materials and workmanship equally as good as those now <br />existing. <br /> <br />3. The Grantee shall bear the cost of removal, relocation or reconstruction <br />of any and all right-of-way fences, telephone or telegraph poles, or other <br />facilities, the removal, relocation or reconstruction of which may be made <br />necessary by reason of the use of said premises for said street purposes. <br /> <br />4. The Grantee shall, at its own cost and expense, make adjustment with <br />industries or other lessees of Grantor for buildings or improvements that may <br />have to be relocated, reconstructed or destroyed by reason of the construction <br />and maintenance of said street on said premises. <br /> <br />5. This instrument is granted according to the terms and conditions of that <br />certain Construction and Maintenance Agreement between the Grantor and the <br />Grantee dated January 25, 1989 and made subject to the terms and conditions <br />contained therein. <br /> <br />6. If said described premises, or any part thereof, shall at any time cease <br />to be used by the Grantee, or by the public, for the purpose, as aforesaid, or <br />should they be converted to any other use whatsoever, or should the Grantee <br />fail to perform any of the conditions herein expressed, then and in such <br />event, all the right, title, interest, benefits, and enjoyments of the <br />Grantee, or the public, in and to the said premises,'for any purpose <br />whatsoever, shall cease and determine, and if requested by Grantor, the <br />Grantee shall relinquish and quitclaim to the Grantor or its successors and <br />assigns the premises hereinabove described in accordance with Minnesota <br />statutes so made and provided, and the Grantor shall have all rights accorded <br />to it for the recapture of its premises as provided by law. <br /> <br />7. The Grantor does not warrant its title to said premises nor undertake to <br />defend the Grantee in the peaceable possession, use or enjoyment thereof; and <br />the grant herein made is subject to all outstanding rights or interest of <br />others, including the tenants and licensees of the Grantor. <br /> <br />-2- <br /> <br /> <br />