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WHEREAS, Owner plans to construct a hard surface driveway (hereinafter collectively
<br />referred to as "Encroachment") upon and within portions of the confines of Northern's 75-foot
<br />wide Easement as depicted on Exhibit "A", with this written consent; and
<br />WHEREAS, Owner has been advised by Northern that Northem is a natural gas
<br />transmission company and that Northern operates a high pressure underground natural gas
<br />pipeline through the Owned Premises; and
<br />WHEREAS, Owner has requested permission from Northern to maintain, use, and enjoy
<br />the Encroachment upon portions of Northern's Easement and in close proximity to Northem's
<br />Pipeline Facilities; and
<br />WHEREAS, Northern is willing to grant such permission upon the terms and conditions set
<br />forth as follows.
<br />NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
<br />hereinafter set forth, the parties hereto agree as follows:
<br />1. Northern hereby grants permission to Owner to maintain, operate and use upon
<br />the Owned Premises and upon and in close proximity to Northern's Pipeline Facilities, the said
<br />Encroachment, subject to the following conditions:
<br />A. Any future Owner assumes all risks for damages, injuries, or loss to either property
<br />or persons which may be incurred by Owner or its respective agents, invitees, or licensees
<br />present on or in the vicinity of the Easement and in any way associated with said Encroachment,
<br />unless caused by the negligence or willful misconduct of Northern, its agents or employees.
<br />B. That the permission granted herein is limited exclusively to the proposed
<br />Encroachment within Northem's Easement. Owner shall not alter the grade or permit such
<br />alteration anywhere on the land upon which Northern has reserved its easement rights without
<br />the prior express written consent of Northern, which consent shall not be unreasonably withheld.
<br />C. That Owner shall at all times conduct all its activities on said Easement in such a
<br />manner as not to materially interfere with or impede the operation of Northern's Pipeline
<br />Facilities and activities in any manner whatsoever.
<br />D. That Owner shall not plant any trees or shrubs within the confines of Northern's
<br />Easement without the prior express written consent of Northem, which consent shall not be
<br />unreasonably withheld.
<br />2. Owner agrees to indemnify, protect, and hold Northem, its parent, affiliates,
<br />subsidiaries, and their directors, officers, employees, representatives, and agents harmless from
<br />and against any and all actions or causes of action, claims, demands, liabilities, loss, damage,
<br />injury, suit, proceeding, judgment, cost, or expense of whatever kind or nature, including but not
<br />limited to reasonable attorneys' fees, arising from or as a result of any incident, act, action, cause
<br />of action, negligence, transaction or omission of Owner in connection with, or incidental to the
<br />construction, operation, maintenance, or use of the said Encroachment within and upon the
<br />Easement, or from the negligence or willful misconduct of the Owner, its agents, invitees or
<br />licensees except where such loss, cost, liability, or expense was proximately caused solely by the
<br />negligence or willful misconduct of Northern or its agents or employees.
<br />3. Should Northern need to remove any of Owners said Encroachment within its
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