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Grantor hereby reserves and retains all other property rights in and to the <br /> Easement Area, including without limitation,the right to use the Easement Area <br /> for any purpose whatsoever so long as such use does not interfere with Grantee's <br /> rights hereunder. Grantor agrees that Grantee's approval will be required before <br /> the installation of any improvements in the Easement Area, including the <br /> installation of fences, trees or other landscaping. Grantee agrees to grant such <br /> approval, provided that the proposed improvement will, in Grantee's sole <br /> judgment,not interfere with Grantee's rights hereunder. <br /> 3. Conduct of Work and Notification—Any installation, maintenance, replacement, <br /> repair and/or removal of the Utility Facilities performed by Grantee, its agents <br /> and employees, shall be performed at Grantee's sole cost and expense after thirty <br /> (30) days' notice to the Grantor,except that Grantor may waive this notice period <br /> and, in an emergency, the work may be initiated by Grantee after reasonable <br /> notice. All work performed in the Easement Area shall be performed with care <br /> and in such manner as to cause the least interference with the surface of the <br /> Easement Area and with the use of the Property or any portion thereof. If any <br /> landscaping, curbing,pavement or other improvements thereon, shall be disturbed <br /> by installation, operation, maintenance, replacement or removal activities, or <br /> other activities performed by or on behalf of Grantee in connection with the use of <br /> the Easement, said surface and improvements shall be promptly restored by <br /> Grantee as close to their condition just prior to such disturbance as is reasonably <br /> feasible. If it is necessary for Grantee to remove mature trees in the Easement <br /> Area,the trees removed shall be replaced with shrubs and other vegetation which <br /> will not affect Grantee's use of the Easement. <br /> 4. Prohibition Against Liens — Grantee shall not permit any mechanics', <br /> materialmen's or other liens to be filed against the Property or any part thereof for <br /> work or materials furnished Grantee in connection with the Easement, and <br /> Grantee agrees to indemnify, defend and hold Grantor harmless from and against <br /> the same. <br /> 5. Indemnification. Grantee agrees to indemnify and to hold harmless the Grantor <br /> from and against any and all claims,of every person, including without limitation, <br /> employees, agents, contractors, invitees, and permittees of the Grantee, resulting <br /> from, arising out of, or in any way connected with the exercise of the privileges <br /> and rights of the Grantee. Grantee further agrees to indemnify the Grantor for any <br /> and all attorneys' fees and costs that may arise from said claims. <br /> 6. Maintenance. Grantee agrees to properly maintain and keep in good condition the <br /> Easement Area and any buildings, structures or equipment thereon at Grantee's <br /> own expense. <br /> Warrantyof Title—Grantor represents and warrants to Grantee that Grantor is the <br /> 7. P <br /> only owner of fee simple title to the Property and that there are no (i)owners or <br /> mortgages, contracts for deed, leases, rental agreements, occupancy agreements, <br /> or (ii)any other encumbrances or verbal or written agreement of any nature <br /> 2 <br /> 53 <br />