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File No.: 12-019
<br />Line & Tract No.: ?~'1_~TB 67701-7
<br />WHEREAS, the Owners have requested permission from Northern to maintain, use and
<br />enjoy the Encroachment upon a portion of Northern's Easement and im close proximity to
<br />Northern's Pipeline Facilities; and
<br />WHEREAS, Northern is willing to grant such permission upon the teens and conditions
<br />set forth as follows.
<br />I~rOW, THEREFORE, in consideration of the mutual covenants, terns and conditions
<br />hereinafter set forth, the parties hereto agree as follows:
<br />1. Northern hereby grants permission to the Owners to maintain, operate and use
<br />upon the Owned Premises and in close proximity to Northern's Pipeline Facilities, the said
<br />Encroachment, subject to the following conditions:
<br />A. That the Owners assume all risks for damages, injuries or loss to either
<br />property or persons, which inay be incurred by the Owners or its respective agents, invitees or
<br />licensees present on or in the vicinity of the Easement and in any way associated with said
<br />Encroachment, unless caused by the negligence or willful misconduct of Northern, its agents or
<br />employees.
<br />B. That the permission granted herein is limited exclusively to the proposed
<br />Encroachment within Northern's Easement. The Owners 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 the Owners shall at all times conduct all its activities on said
<br />Easement in such a manner as not to interfere with or impede the operation of Northern's
<br />Pipeline Facilities and activities in any manner whatsoever.
<br />D. That the Owners shall not plant any trees or shrubs within the confines of
<br />Northern's Easement without the prior express written consent of Northern, which consent shall
<br />not be unreasonably withheld.
<br />2. The Owners agree to indemnify, protect and hold Northern, 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 the Owners in connection with, or incidental to,
<br />the 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. The Owners agree that protection of Northern's Pipeline Facilities will be
<br />maintained at all times.
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