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exercise due care and diligence to avoid injury or damage to Encroachments <br />in Easement Areas. <br />B. Grantee may terminate the authorization of any or all of the <br />Encroachments granted hereunder if at any time it is necessary for the <br />Grantee to occupy or access the Utility Facilities or Easement Areas and <br />the applicable Encroachment is inconsistent with the Grantee’s use of the <br />Easement Areas, unless Grantor provides an alternate Easement Area to <br />relocate the applicable Utility Facility within 30 days of notice by Grantee. <br />In conjunction with the foregoing, the parties shall work in good faith to <br />amend this Grant of Easements as necessary. All costs, including but not <br />limited to the cost of any survey work, relocation of the applicable Utility <br />Facility and processing and recording any easement amendments and <br />vacations, shall be at Grantor’s sole cost and expense. <br />10. Assignability. This Grant of Easements may not be assigned or transferred to any <br />third party by Grantee without the prior written approval of Grantor and shall <br />automatically terminate if any effort is made to assign or transfer it without <br />written approval. <br />11. Warranty of Title – Grantor represents and warrants to Grantee that Grantor is the <br />only owner of fee simple title to the Property and that, to Grantor’s knowledge, <br />there are no (i) owners or mortgages, contracts for deed, leases, rental agreements, <br />occupancy agreements, or (ii) any other encumbrances or verbal or written <br />agreement of any nature whatsoever affecting title to the Property except matters <br />of record. Grantor, on behalf of itself, its successors and assigns, hereby <br />indemnifies and holds harmless Grantee against and from any and all claims for <br />loss, damage, or expenses which may be incurred by Grantee based upon any <br />claim from a party whose consent was required (but was not obtained) for this <br />Grant of Easements. <br />12. Severability. The invalidity of any portion of this Grant of Easements will not <br />and shall not be deemed to affect the validity of any other provisions. In the event <br />that any provision of this Grant of Easements is held to be invalid, the parties <br />agree that the remaining provisions shall be deemed to be in full force and effect <br />as if they had been executed by both parties subsequent to the expungement of the <br />invalid provision. <br />13. Entire Agreement. This Grant of Easements constitutes the entire agreement <br />between the parties and any prior understanding or representation of any kind <br />preceding the date of this Grant of Easements shall not be binding on any party <br />except to the extent incorporated by this Grant of Easements. <br />14. Amendments. Any modification of this Grant of Easements or additional <br />obligation assumed by either party in connection with this Grant of Easements <br />shall be binding only if evidenced in writing signed by each party or an authorized <br />representative of each party.