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<br />-2- <br />M:\4271\910914\RAP\DOCS\U&D EMT.DOC <br />803729147_3 <br />191911v2 <br />EXCEPT that part of Lot Eight (8) Auditor's Subdivision No. 3 lying Northerly of a line <br />c ommencing at a point on the West line of said Lot Eight (8), 360 feet distant North of the iron <br />pipe at the Southwest corner of said Lot Eight (8); thence Easterly and parallel with the South <br />line of said Lot Eight (8) to the Great Northern Railroad right-of-way and there terminating; <br />and West of a line running parallel with and distant 240 feet distant East of the West line of <br />said Lot Eight (8). <br /> <br />together with the right to construct, install, maintain, repair, use, modify and service facilities for <br />utility and access purposes within the easement area and for no other purpose (the “Easement <br />Areas”). <br /> <br />1. Grantee hereby consents to any encroachments on the Easement Areas existing on the <br />date of this Easement Grant as a result of this Easement Grant. <br />2. Grantor hereby reserves for itself and its successors and assigns the right to use the above <br />Easement Area along with Grantee; and Grantor may use such Easement Areas for other <br />purposes not inconsistent with the rights granted to Grantee under this Agreement. <br />3. The Grantee will exercise due care and diligence to avoid injury or damage to Grantor’s <br />existing improvements within the Easement Areas. The Grantee shall indemnify and save <br />harmless Grantor and its officers, directors, agents, and employees, against and from any <br />and all liability, damage, expense, cause of action, suit, claim, or judgment for injury or <br />death to persons or damage to property sustained by anyone in and about the Easement <br />Areas, arising out of or in any way connected with the Easement Grant or Grantee’s agents’, <br />employees’, contractors’, or invitees’ use or occupation of the Easement Area for the <br />operation, maintenance, relocation, replacement, substitution or removal of the utilities <br />within the Easement Areas, unless caused by the intentional misconduct or negligence of <br />Grantor, its employees, agents or contractors. Furthermore, all fixtures, equipment, and <br />property of every kind and description of persons claiming by or through Grantee which <br />may be on the Easement Areas shall be at the sole risk and hazard of Grantee and no part <br />or loss or damage thereto from whatever cause is to be charged or borne by Grantor, unless <br />caused by the intentional misconduct, negligence or accident of Grantor, its employees, <br />agents or contractors. <br />4. If this Easement Grant should interfere with Grantor’s, or Grantor’s tenant’s operations <br />or use on Grantor’s property outside of the Easement Areas, the Grantee agrees upon the <br />request of Grantor to relocate the Easement Areas at the expense of Grantor, with the <br />vacated portion of this Easement Grant being released and conveyed back to Grantor and <br />the site of the relocated easement area being conveyed and included in this Easement <br />Grant as though it had been included ab initio. <br />5. Grantor represents and warrants to Grantee that Grantor is the only owner of the fee <br />simple title to the Easement Areas and that there are no (i) owners or mortgages, <br />contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other