4.9. SR 04-16-2018 - Laserfiche WebLink

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6.Prohibition Against Liens – Grantee shall not permit any mechanics’, materialmen’s or other liens to be filed against the Property or any part thereof for work or materials furnished Grantee in connection with the Easements. 7.Easement 1 Requirements A.Grantor placed improvements within or immediately adjacent to the original sanitary sewer line easement, which is being replaced by Easement 1. Grantee agrees to vacate the original sanitary sewer easement, as provided in paragraph 6 of Exhibit D, and provide a new easement for the Utility Facilities as provided in Easement 1, which will place the existing Utility Facilities near the west boundary of the Easement Area of Easement 1, rather than near the center of such Easement Area, as set forth on Exhibit B. B.Grantor agrees that Grantor is fully responsible and liable for any and all damage caused to Grantor’s improvements located within 10 feet of the westerly boundary of Easement 1 and agrees to release Grantee from any and all responsibility and waives any rights against Grantee arising out of the use, maintenance, repair or replacement of the utility located within Easement 1, except for any damages caused by any negligence on the part of Grantee, its agents, contractors, licensees or invitees. Notwithstanding the foregoing, Grantee shall notify Grantor prior to the commencement of any work being done within Easement 1 and shall endeavor in good faith to coordinate such work with Grantor in order to attempt to avoid damage to Grantor’s improvements. 8.Indemnification. A.Grantee agrees to indemnify and to hold harmless Grantor and its agents, contractors, licensees or invitees from and against any and all claims, of every person, including without limitation, employees, agents, contractors, invitees, and permittees of Grantee, resulting from, arising out of, or in any way connected with Grantee’s access to such Easement Areas or the exercise of the privileges and rights of Grantee under this Grant of Easements except for any negligence on the part of Grantor, its agents, contractors, licensees or invitees and except as otherwise provided under this Grant of Easements. 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 negligence of Grantor, its employees, agents or contractors. B.Grantor agrees to indemnify and to hold harmless Grantee, its officers, employees and agents from and against any and all claims of every person, including without limitation, employees, agents, contractors, invitees, and permittees of Grantor, resulting from, arising out of, or in any way connected with 3 191673v14