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2. Easement Grantor hereby grants, sells, and conveys unto Grantee, its
<br />contractors, agents, successors and assigns, an exclusive, perpetual permanent
<br />easement, together with the rights and privileges herein granted, to survey, construct,
<br />install, test, inspect (including aerial patrol), operate, maintain, use, protect, repair,
<br />rebuild, upgrade, replace, abandon in place and /or remove municipal sanitary sewer
<br />facilities (including sanitary sewer pipelines) and all other equipment and appurtenances
<br />as may be convenient in connection therewith for the transportation and distribution of
<br />sewage and any product, by- product, and derivatives thereof, together with the right to
<br />locate, construct, or reconstruct same at various dimensions at any time hereafter as
<br />Grantee shall deem useful or necessary, at any time or times, upon and along a route or
<br />routes on, in, over, under., through, and across the Easement Area, together with the
<br />right to clear and to keep the Easement Area cleared so as to prevent damage or
<br />interference with its efficient operation, Grantor further grants Grantee the right of
<br />ingress and egress to and from the Easement Area for all purposes convenient or
<br />incidental to use such of Grantor's lands immediately adjacent to each side. of the
<br />Easement Area as is reasonably required during construction activities.
<br />3. Restoration Grantee shall, as soon as possible, backfill any excavation
<br />made by it within the Easement Area and shall restore the surface area as reasonably
<br />practicable to its condition prior to the work by the Grantee. Grantee understands that
<br />the easement area encompasses a portion of a driveway and parking lot utilized by
<br />Grantor in the operation of its business. Notwithstanding anything herein to the
<br />contrary, Grantee agrees that such driveway and parking lot shall be restored to
<br />operational status, at Grantee's expense, after the installation, repair or maintenance of
<br />the Facilities. Grantee also agrees to provide Grantor reasonable advanced notice (at
<br />least 2 business days) prior to undertaking work that will result in the temporary closure
<br />of said driveway or parking lot.
<br />4. Indemnification Grantee shall indemnify and hold Grantor harmless
<br />from and against any and all loss and damage that shall be caused by.any construction,
<br />operation, use, maintenance, repair, leakage or replacement of the Facilities or through
<br />any act or omission of Grantee or of its contractors, agents or employees in the course
<br />of their employment, except to the extent such loss or damage results from the gross
<br />negligence or willful misconduct of Grantor, its agents, representatives, employees,
<br />contractors, or invitees.
<br />5. Reservation Grantor reserves the right to use the surface portions of the
<br />Easement Area for purposes that will not interfere with Grantee's full enjoyment of the
<br />rights granted by this Agreement.
<br />6. Binding Effect The Easement granted herein shall be perpetual and
<br />shall run with the land and shall be binding Upon, and inure to the benefit of the heirs,
<br />successors and assigns of Grantor and Grantee.
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<br />—355—
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