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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 onussion of Owners in coiulection with, or incidental to, the
<br />construction, operation, maintenance or use of the said Encroachment within or upon the
<br />Easement, or from the operation, maintenance, use or presence of Northern's Pipeline Facilities
<br />upon the Easement, except where such loss, cost, liability or expense was proximately caused
<br />solely by the negligence or willful misconduct of Northern or its employees.
<br />3. Owners agree that protection of Northern's Pipeline Facilities will be maintained
<br />at all times.
<br />4. Northern acl~~owledges that Owners will be dedicating a public right of way and
<br />installing public infrastructure within Northern's Easement, including a public street to be lalown
<br />as 170ti' Lane, with storm sewer, sanitary sewer, water main and concrete curb and gutter.
<br />Subject to the terms of this Agreement, should Northern need to work within this public right of
<br />way, or need to impact or remove any of the public infrastructure within the Easement, in order
<br />to constn~ct, maintain, operate, repair, remove or resize Northern's existing or additional Pipeline
<br />Facilities:
<br />a) Except in the case of emergencies, Northern shall obtain the necessary permits and
<br />approvals from the Owners prior to any work that will disrupt the passage of any city
<br />street;
<br />b) Northern and Owners shall work together to ensure that impacts on the public
<br />infrastructure are minimized to the extent possible and the public health, safety and
<br />welfare is protected at all times;
<br />c) All repair and maintenance work performed by Northern on its existing or additional
<br />Pipeline Facilities located on the Owned Premises shall be performed in a reasonable
<br />worlananlike manner and Northern shall restore the surface and grade of the Owned
<br />Prenuses where the work is performed; and
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<br />File No.: 12-019
<br />Line & Tract No.: MNB 67701-7
<br />d) Except for the costs of loss or damage caused by the sole negligence or willful
<br />misconduct of Northern, Owners or its respective heirs, successors and assigns shall pay
<br />the cost of removing, replacing or reinstalling the Encroachment, whether or not caused
<br />by or resulting from Northern's operation, maintenance, relocation, alteration, removal or
<br />replacement of its pipeline facilities, and Northern shall not be liable for loss, damage or
<br />replacement to Owners' Encroachment or any associated equipment and facilities that
<br />may be constricted within the Easement, and in this regard, Owners hereby release
<br />Northern, its employees, agents, officers and directors from any and all liability for any
<br />such loss or damage.
<br />e) Northern shall not be required to remove, lower, reinforce, replace, relocate or alter its
<br />facilities within the Easement to accommodate Owners, unless and until Owners enters
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