4.4. SR 07-09-2012 - Laserfiche WebLink

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170ti' Lane, with storill sewer, sanitary sewer, water main and concrete curb and gutter (hereinafter referred to as "Encroachment") upon and within a portion of the confines of Northern's Easement, as partially shown on Exlubit "A" attached hereto and, by tlus reference, made a part hereof, with this written consent; and WHEREAS, Owners have been advised by Northern that Northern is a natural gas transmission company and that Northern operates a high pressure underground natural gas pipeline witlun the Easement through the Owned Premises; and WHEREAS, Owners have requested permission from Northern to maintain, use and enjoy the Encroachment upon a portion of Northern's Easement and in close proximity to Northern's Pipeline Facilities; and WHEREAS, Northern is willing to grant such permission upon the terms and conditions set forth as follows. File No.: 12-019 Line & Tract No.: MNB 67701-7 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. Northern hereby grants permission to Owners to maintain, operate and use upon the Owned Premises and in close proximity to Northern's Pipeline Facilities, the said Encroachment, subject to the following conditions: A. That Owners assume all risks for damages, injuries or loss to either property or persons, which may be incurred by Owners or its respective agents, invitees or licensees present on or in the vicinity of the Easement and in any way associated with said Encroachment, unless caused by the negligence or willful misconduct of Northern, its agents or employees. B. That the permission granted herein is linuted exclusively to the proposed Encroachment within Northern's Easement. Owners shall not alter the grade or permit such alteration anywhere on the land upon which Northern has reserved its easement rights without the prior express written consent of Northern, which consent shall not be unreasonably withheld. C. That Owners shall at all times conduct all its activities on said Easement in such a maiuler as not to interfere with or impede the operation of Northern's Pipeline Facilities and activities in any manner whatsoever. D. That Owners shall not plant any trees or shrubs witlun the confines of Northern's Easement without the prior express written consent of Northern, which consent shall not be unreasonably withheld. 2. Owners agree to indemiufy, protect and hold Northern, its parent, affiliates, subsidiaries and their directors, officers, employees, representatives and agents harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage,