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C. If at any time, Grantee’s Utility Facilities or Grantee’s ability to access or <br />exercise its rights under this Agreement are inconsistent with the Grantor’s use of <br />Grantor’s Property for the improvements identified in Paragraph 7B of this <br />Easement Agreement, Grantor shall remove the improvements or provide an <br />alternate easement and relocation of the public utilities, or propose another option <br />sufficient to address the Grantee’s need to occupy or access the Easement Areas, <br />at Grantor’s sole cost and expense, including the relocation of the Utility <br />Facilities. Upon relocation of the Utility Facilities, the Grantee shall vacate the <br />relevant portion of the Easement Areas replaced by the alternative easement. <br />Grantee will give the Grantor thirty (30) days advance written notice of the need <br />to remove the improvements or provide an alternate easement and relocation of <br />the Utility Facility, except that no notice period will be required in the case of an <br />emergency condition as determined solely by the Grantee. If Grantor fails to <br />remove the improvement, Grantee may remove the improvement to the extent it <br />impacts the Grantee’s use of the Easement Areas or operation of its Utility <br />Facilities within the Easement Area and charge the cost of removal back to the <br />Grantor for reimbursement. <br />8. Indemnification. <br />A. Grantee agrees to indemnify and to hold harmless the Grantor and its <br />agents, contractors, licensees or invitees from and against any and all claims, of <br />every person, including without limitation, employees, agents, contractors, <br />invitees, and permittees of the Grantee, resulting from, arising out of, or in any <br />way connected with the exercise of the privileges and rights of the Grantee, <br />except for any negligence on the part of Grantor, its agents, contractors, licensees <br />or invitees and except as otherwise provided under this Agreement. <br />B. Grantor agrees to indemnify and to hold harmless the Grantee, its officers, <br />employees and agents from and against any and all claims of every person, <br />including without limitation, employees, agents, contractors, invitees, and <br />permittees of the Grantor, resulting from, arising out of, or in any way connected <br />with the Grantor’s use of the Easement Areas authorized under Paragraph 4 of <br />this Agreement, except for any negligence on the part of Grantee, its agents, <br />contractors, licensees or invitees. <br />9. Encroachments. <br />A. Grantee hereby approves the existing encroachments in the Easement <br />Areas caused by Grantor’s building/structures as described on Exhibit E <br />(each, an “Encroachment” and collectively, the “Encroachments”). All <br />Encroachments on the Easement Area shall be at the sole risk of Grantor and <br />no part or loss or damage thereto from whatever cause is to be charged or <br />borne by Grantee, unless caused by the intentional misconduct or gross <br />negligence of Grantee, its employees, agents or contractors. Grantee will