such condition, including as necessary termination
of operation of the improvements located on the Easement Rights Area causing
such condition, until the condition is resolved.
Grantor shall be entitled to
receive injunctive or similar relief to enjoin any default.
Grantee grants to
the Grantor the right to enforce the grants of easement rights herein by
specific performance.
Any partial release of any easement rights granted herein
shall not affect any other easement rights granted herein.
E.
Grantee shall keep in effect, at their respective sole cost and
expenses, reasonably satisfactory comprehensive general liability insurance
covering the easement rights granted hereunder with maximum limits of liability
of not less than $1,000,000 for bodily injury of death to one person, or to any
group of persons as a result of one accident, and $1,000,000 for property
damage.
Grantee shall name the Grantor as an additional insured and furnish
such other party with certificates of current policies, and upon expiration
thereof, renewal certificates, evidencing such insurance.
F.
Grantor shall pay all real estate taxes and assessments that shall
be due and payable on the Easement Rights Area prior to delinquency.
G.
Nothing contained herein shall be construed or deemed to constitute
a dedication, express or implied, of any real property to or for any public use
or purpose whatsoever.
3.
No Representation.
THE EASEMENTS AND RIGHTS GRANTED HEREIN ARE BEING GRANTED IN
THEIR CURRENT CONDITION, "AS-IS, WHERE-IS AND WITH ALL FAULTS" AND EXCEPT AS MAY
BE SPECIFICALLY SET FORTH IN THE MASTER AGREEMENT, WITHOUT REPRESENTATION OR
WARRANTY OR INDEMNIFICATION OF ANY KIND, EXPRESS OR IMPLIED, EACH AND ALL OF
WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY THE GRANTOR, INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO QUALITY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE.
4.
Testing.
GRANTEE MUST OBTAIN THE GRANTOR'S PRIOR APPROVAL FOR THE PERFORMANCE
OF ANY INVASIVE OR INTRUSIVE SOIL, GEOLOGICAL, GEOTHERMAL OR OTHER PHYSICAL
TESTING OF ANY KIND, INCLUDING WITHOUT LIMITATION ENVIRONMENTAL TESTING,
RECOMMENDED BY GRANTEE'S ENGINEERS OR REQUIRED BY GRANTEE'S MORTGAGEES.
ANY
REQUEST BY GRANTEE TO PERFORM INVASIVE TESTING AT THE EASEMENT RIGHTS AREA MUST
BE ACCOMPANIED BY A SUMMARY OF THE PROPOSED SCOPE OF WORK OR THE ENGINEER'S
PROPOSAL.
GRANTEE SHALL NOT INTERFERE UNREASONABLY WITH THE OPERATION OF THE
FACILITIES LOCATED ON THE GRANTOR'S PROPERTY THAT IS SUBJECT TO ITS INSPECTION
OR TESTING AND SHALL COORDINATE ALL OF ITS ACTIVITIES AND THOSE OF ITS
ENGINEERS, REPRESENTATIVES, CONSULTANTS AND AGENTS WITH THE GRANTOR TO MINIMIZE
POSSIBLE INTERFERENCE WITH SUCH FACILITIES OR THEIR OPERATION.
GRANTEE SHALL
PROMPTLY RESTORE ANY AREA OF THE GRANTOR'S PROPERTY THAT IS DISTURBED IN THE
COURSE OF GRANTEE'S TESTING OR USE TO THE CONDITIONS EXISTING PRIOR TO ANY TESTS
CONDUCTED BY GRANTEE OR TO THE CONDITIONS EXISTING PRIOR TO ANY USE MADE BY
GRANTEE.
3
5.
INDEMNIFICATION.
GRANTEE AGREES TO INDEMNIFY, DEFEND, AND HOLD GRANTOR HARMLESS
FROM AND AGAINST ANY CLAIM MADE AGAINST GRANTOR AND/OR GRANTOR'S REPRESENTATIVES
FOR ANY LOSS OR DAMAGE INCLUDING PROPERTY DAMAGE AND DEATH OR BODILY INJURY,
SUFFERED BY