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E. That Owner agrees that the Encroachment shall be constructed according to the
<br /> requirements and restrictions set forth on Exhibit "B" attached hereto.
<br /> 2. Owner agrees 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 Owner in connection with, or incidental to the
<br /> construction, operation, maintenance, or use of the said Encroachment within, upon or in the
<br /> vicinity of the Easement Area, or from the operation, maintenance, use or presence of Northern's
<br /> Pipeline Facilities upon or in the vicinity of the Encroachment except where such loss, cost,
<br /> liability, or expense was proximately caused by the negligence of Northern or its employees. It is
<br /> understood and agreed by the parties that under this Agreement, Owner shall be jointly and
<br /> severally liable.
<br /> 3. Owner agrees that protection of Northern's Pipeline Facilities will be maintained at all
<br /> times.
<br /> 4. Should Northern need to remove any of Owner's said Encroachment within its
<br /> Easement in order to construct, maintain, operate,repair, remove, or resize Northern's existing or
<br /> additional Pipeline Facilities, Owner or its respective heirs, successors, and assigns shall pay the
<br /> cost of removing and replacing or reinstalling said Encroachment. 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 replacement to Owner's said Encroachment or any associated
<br /> equipment and facilities that exist within the Easement, and in this regard, Owner hereby releases
<br /> Northern, its employees, agents, officers, and directors from any and all liability for any such
<br /> loss or damage.
<br /> 5. The Parties hereto understand that this Agreement in no way constitutes a waiver by
<br /> Northern of its rights to enjoy its Easement unencumbered by the construction of said
<br /> Encroachment within Northern's Easement.
<br /> 6. It is expressly agreed to by and between the parties hereto that if Owner is in violation
<br /> of any terms or conditions set forth in this Agreement,Northern, at its option, may terminate this
<br /> Agreement upon ten (10) days' notice to the Owner. In the event of such termination, Owner
<br /> shall immediately remove any and all of said Encroachment which may be situated on the
<br /> Easement, or if Owner fails to remove any and all of said Encroachment, Northern may, at its
<br /> option, remove said Encroachment at the expense of Owner and without any liability
<br /> whatsoever. It is further agreed that the failure by Northern to exercise such option as to any such
<br /> violation shall not constitute a waiver of Northern's future right to exercise such option as to the
<br /> same or any future violation.
<br /> 7. 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.
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