4.3. SR 03-19-2018 - Laserfiche WebLink

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and its officers, directors, agents, and employees, against and from any and all liability, damage, expense, cause of action, suit, claim, or judgment for injury or death to persons or damage to property sustained by anyone in, about or accessing the Easement Areas, arising out of or in any way connected with the Easement Grant or Grantee’s agents’, employees’, contractors’, or invitees’ use or occupation of the Easement Areas for the operation, maintenance, relocation, replacement, substitution or removal of the utilities within the Easement Areas, unless caused by the intentional misconduct or gross negligence of Grantor, its employees, agents or contractors. Furthermore, all fixtures, equipment, and property of every kind and description of persons claiming by or through Grantee which may be on the Easement Areas shall be at the sole risk and hazard of Grantee and no part or loss or damage thereto from whatever cause is to be charged or borne by Grantor, unless caused by the intentional misconduct or gross negligence of Grantor, its employees, agents or contractors. 5. If this Easement Grant should interfere with Grantor’s, or Grantor’s tenant’s operations on, or use or redevelopment of Grantor’s property outside of the Easement Areas, the Grantee agrees upon the request of Grantor to relocate the Easement Areas and utilities or improvements for access thereon at the expense of Grantor, with the vacated portion of this Easement Grant being released and conveyed back to Grantor and the site of the relocated easement area being conveyed and included in this Easement Grant as though it had been included ab initio. 6. For the avoidance of doubt, Grantee acknowledges that it has no claim for access across any property owned by Grantor outside the Easement Areas. 7. Grantor represents and warrants to Grantee that Grantor is the only owner of the fee simple title to the Easement Areas and that, to Grantor’s knowledge, there are no (i) owners or mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Easement Areas except matters of record. 8. Any modifications of this Easement Grant or additional obligation assumed by either party in connection with this Easement Grant shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 9. It is agreed that this Easement Grant shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. \[Signature Continued on Next Page\] 2 191911v12