2.4. ERMUSR 11-17-2015 - Laserfiche WebLink

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Easement Area and with the use of the Property or any portion thereof. If any landscaping,curbing,pavement or other improvements thereon,shall be disturbed by installation, operation, maintenance, replacement or removal activities, or other activities performed by or on behalf of Grantee in connection with the use of the Easement, said surface and improvements shall be promptly restored by Grantee as close to their condition just prior to such disturbance as is reasonably feasible. If it is necessary for Grantee to remove mature trees in the Easement Area,the trees removed shall be replaced with shrubs and other vegetation which will not affect Grantee's use of the Easement. 4. Prohibition Against Liens — Grantee shall not permit any mechanics', materiahnen's or other liens to be filed against the Property or any part thereof for work or materials furnished Grantee in connection with the Easement, and Grantee agrees to indemnify,defend and hold Grantor harmless from and against the same. 5. Indemnification. Grantee agrees to indemnify and to hold harmless the Grantor from and against any and all claims,of every person,including without limitation, employees,agents,contractors,invitees,and permittees of the Grantee,resulting from,arising out of,or in any way connected with the exercise of the privileges and rights of the Grantee. Grantee further agrees to indemnify the Grantor for any and all attorneys'fees and costs that may arise from said claims. 6. Maintenance. Grantee agrees to properly maintain and keep in good condition the Easement Area and any buildings, structures or equipment thereon at Grantee's own expense. 7. Warranty of Title—Grantor represents and warrants to Grantee that Grantor is the only owner of fee simple title to the Property and that there are no(i)owners or mortgages, contracts for deed, leases,rental agreements, occupancy agreements, or (ii)any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Property except matters of record. Grantor, on behalf of itself,its successors and assigns,hereby indemnifies and holds harmless Grantee against and from any and all claims for loss,damage,or expenses which may be incurred by Grantee based upon any claim from a party whose consent was required(but was not obtained)for this Grant of Easement. 8. Severability. The invalidity of any portion of this Grant of Easement will not and shall not be deemed to affect the validity of any other provisions. In the event that any provision of this Grant of Easement is held to be invalid,the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 9. Entire Agreement. This Grant of Easement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Grant of Easement shall not be binding on any party except to the extent incorporated by this Grant of Easement. 10. Amendments. Any modification of this Grant of Easement or additional obligation assumed by either party in connection with this Grant of Easement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 11. Governing Law_ It is agreed that this Grant of Easement shall be governed by, construed,and enforced in accordance with the laws of the State of Minnesota. 12. Permanent. The terms and provisions of this instrument shall run with the land, and shall extend to and be binding is upon Grantor, Grantor's heirs, legal representatives,successors,and assigns. [signature page follows] 2 57