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including, without limitation, the right to use the Easement Area for any purpose which <br />does not interfere with Grantee's rights hereunder. <br />3. Conduct of Work and Notification. Any installation, maintenance, replacement, repair <br />and/or removal of the drainage pipe or other drainage improvements performed by <br />Grantee, its agents and employees, shall be performed at Grantee's sole cost and expense. <br />Grantee shall have the right to enter on the Easement Area for the purpose of <br />maintenance and repair of the drainage improvements at any time. Maintenance or other <br />work which requires the surface of the Easement Area to be excavated shall only be <br />commenced after thirty (30) days' notice to the Grantor, except that in an emergency the <br />work may be initiated upon such notice as is reasonable under the circumstances. <br />4. Restoration by Grantee. If the surface of the Property or any portion thereof, or any <br />landscaping, curbing, pavement or other improvements thereon, shall be disturbed by the <br />installation, operation, maintenance, replacement, removal or other activities performed <br />by or on behalf of Grantee in connection with the use of the Drainage Pipe Easement, <br />said surface and improvements shall be restored by Grantee to their condition prior to <br />such disturbance. <br />5. Prohibition Against Liens. Grantee shall not permit any mechanics', materialmen's or <br />other liens to be filed against the Property, or any part thereof, for works or materials <br />finnished by Grantee in connection with the Easement, and Grantee agrees to indemnify, <br />defend and hold Grantor harmless from and against the same. <br />6. Warranty of Title. Grantor represents and warrants to Grantee that Grantor is the only <br />owner of fee simple title to the Property, and that there are no (i) owners of mortgages, <br />contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other <br />encumbrances or verbal or written agreements of any nature whatsoever affecting title to <br />the Property. Grantor, on behalf of itself, its successors and assigns, hereby indemnifies <br />and holds harmless Grantee against and from any and all claims for loss, damage, or <br />expenses which may be incurred by Grantee based upon any claim from a party whose <br />consent was required (but was not obtained) for this Grant of Easement. <br />Governing Law. This Grant of this Easement shall be construed and governed by the <br />laws of the State of Minnesota. <br />[signature pages follow] <br />2 <br />