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4. The Parties hereto understand that this Agreement in no way constitutes a waiver
<br />by Northern of its rights to enjoy its Easement.
<br />5. It is expressly agreed to by and between the parties hereto that if Owner is in
<br />material violation of any terms or conditions set forth in this Agreement, Northern, at its option,
<br />may terminate this Agreement upon thirty (30) days' notice to the Owner and Owner's failure to
<br />cure such violation; provided that, if the nature of such violation is such that it requires more
<br />than 30 days to cure, Owner shall have such reasonable additional period to cure as long as
<br />owner is diligently pursuing such cure. In the event of such termination, Owner shall
<br />immediately remove any and all of said Encroachment which may be situated on the Easement,
<br />or if Owner fails to remove any and all of said Encroachment, Northern may, at its option,
<br />remove said Encroachment at the expense of Owner and without any liability whatsoever. It is
<br />further agreed that the failure by Northern to exercise such option as to any such violation shall
<br />not constitute a waiver of Northern's future right to exercise such option as to the same or any
<br />Future violation.
<br />6. The provisions of the Easement, and all rights, powers, privileges, and duties,
<br />obligations, and liabilities created thereby, remain in full force and effect and are not affected
<br />hereby except to the extent and in the manner set forth above.
<br />7. The Owner of the Owned Premises agrees to indemnify, defend and hold
<br />Northern, its parent and affiliated companies, and the directors, officers and employees of any
<br />such corporate entities harmless from and against any liability, damage, claims, loss, cause of
<br />action, suit, proceeding, judgment, cost (including the cost or expense of environmental
<br />response, removal or remediation activities), fees or expense, including reasonable attorney's
<br />fees arising from: (1) non-compliance with any laws, regulations and orders applicable to the
<br />ownership or the operation and maintenance of the said Encroachment on the Owned Premises
<br />described herein, and (2) any incidents, acts, releases, negligence, transactions or omissions by
<br />Owner, or conditions on or affecting the Easement created by Owner that would (i) contribute to
<br />or constitute a violation of any local, state or federal environmental rule, regulation, law or
<br />judicial order, (ii) result, in whole or in part, in any requirement to clean up or otherwise remedy
<br />or remediate a condition, (iii) give rise to any lien, liability, injunction, order, restriction, claim,
<br />expense, damage, fine or penalty, or (iv) adversely affect human health or the environment at or
<br />near the Easement.
<br />8. This instrument and the covenants and agreements herein contained shall extend
<br />to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties
<br />and the benefits of this Agreement shall run with the land.
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