|
File No.: 12-019
<br />Line & Tract No.: '~~1?~~B 67701-7
<br />4. Should Northern need to remove any of the Owners' said Encroachment within its
<br />Easement in order to construct, maintain, operate, repair, remove or resize Northern's existing or
<br />additional Pipeline Facilities, the Owners or its respective heirs, successors and assigns shall pay
<br />the cost of removing and replacing or reinstalling said Encroaclunent. In addition, all repair and
<br />maintenance work performed by Northern on its existing or additional Pipeline Facilities located
<br />on the Owned Premises shall be performed in a reasonable workmanlike manner and Northern
<br />shall restore the surface and grade of the Owned Premises where the work is performed, but shall
<br />not be liable for loss, damage or replaceiment to the Owners' said Encroaclunent or any
<br />associated equipment and facilities that exist within the Easement, and in this regard, the Owners
<br />hereby release Northern, its employees, agents, officers and directors from any and all liability
<br />for any such loss or damage.
<br />~. The parties hereto understand that this Agreement in no way constitutes a waiver
<br />by Northern of its rights to enjoy its Easement.
<br />6. It is expressly agreed to by and between the parties hereto that if the Owners are
<br />in material violation of any teens or conditions set forth in this Agreement, Northern, at its
<br />option, may terminate this Agreement upon thirty (30) days' notice to the Owners and Owners'
<br />failure to cure such violation; provided that if the nature of such violation is such that it requires
<br />more than 30 days to cure, Owners shall have such reasonable additional period to cure as long
<br />as Owners are diligently pursuing such cure. In the event of such termination, the Owners shall
<br />immediately remove any and all of said Encroachment which may be situated on the Easement,
<br />. or if the Owners fail to remove any and all of said Encroachment, Northern may, at its option,
<br />remove said Encroachment at the expense of the Owners and without any liability whatsoever. It
<br />is further agreed that the failure by Northern to exercise such option as to any such violation
<br />shall not constitute a waiver of Northern's future right to exercise such option as to the same or
<br />any future violation.
<br />7. The provisions of the Easement, and all rights, powers, privileges, 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 />8. The Owners agree to indemnify, defend and hold Northern, its parent and
<br />affiliated companies, and the directors, officers and employees of any such corporate entities
<br />harmless from and against any liability, damage, claims, loss, cause of action, suit, proceeding,
<br />judgment, cost (including the cost or expense of environmental response, removal or remediation
<br />activities), fees or expense, including reasonable attorneys' fees arising from: (1) noncompliance
<br />with any laws, regulations and orders applicable to the ownership or the operation and
<br />maintenance of the said Encroachment on the Owned Premises described herein, and (2) any
<br />incidents, acts, releases, negligence, transactions or omissions, or conditions arising from
<br />Owners' ownership or operation of the Encroachment on or affecting the Easement that would
<br />(i) contribute to or constitute a violation of any local, state or federal environmental rule,
<br />regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or
<br />otherwise remedy or remediate a condition, (iii) give rise to any lien, liability, injunction, order,
<br />restriction, claim, expense, damage, fine or penalty, or (iv) adversely affect human health or the
<br />a environment at or near the Easement.
<br />-3-
<br />
|