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<br />8.02. All damage to Improvements will be repaired and all maintenance thereon will be performed and replacements <br />and renewals thereof will be made at Grantee's cost and expense. Grantee shall be responsible for the removal and <br />disposal of all trash at the Premises (whether or not such trash is generated by Grantee or its customers and invitees). <br /> <br />8.03. If Grantor considers necessary any repairs, maintenance, renewals or replacements pursuant to this Easement, <br />Grantor may request that Grantee make such repairs, maintenance, renewal or replacements. Upon Grantee's failure or <br />refusal to do so, (and in any event in case of an emergency), Grantor may make such repair, maintenance, renewal or <br />replacement (Grantee hereby waiving any claim for damage caused thereby). GRANTEE IS LIABLE AND WILL <br />INDEMNIFY GRANTOR FOR THE COST THEREBY INCURRED BY GRANTOR. Any failure of Grantee to make <br />such payment to Grantor may be treated by Grantor as a default by Grantee in the payment of Rent required to be paid <br />by Grantee hereunder. <br /> <br />8.04. Grantor will have a right to enter the Premises at any reasonable time as specified in Sections 6.06 and 6.07 of <br />this Easement (including during Grantee's business hours) to inspect the condition thereof, to make necessary repairs <br />and Improvements and for other lawful purposes. <br /> <br />ARTICLE IX. Assignments <br /> <br />9.01. Grantee shall not assign or otherwise dispose of an interest in this Easement or the Premises without the express <br />prior written consent of Grantor; and any attempt to assign or otherwise dispose without consent shall be void and of no <br />effect. In the event of any such attempted assignment or disposition, Grantor may terminate this Easement effective <br />upon fifteen (15) days notice to Grantee. This prohibition against assigning or disposition shall be construed to include <br />a prohibition against any assignment or disposition by operation of law. <br /> <br />9.02. If this Easement is assigned or if an interest in this Easement or the Premises is disposed of, Grantor may <br />nevertheless collect rent from the assignee and apply the net amount collected to the Rent payable hereunder. No such <br />transaction or collection of rent shall be deemed a waiver of these provisions or a release of Grantee from the further <br />performance by Grantee of its covenants, duties and obligations hereunder. <br /> <br />ARTICLE X. Utilities <br /> <br />10.01. Grantee shall, at its own cost and expense, pay all charges for delivery and use of water, sanitary sewer, <br />electricity, gas and all other utilities used on the Premises throughout the term of this Easement, including any <br />connection charges, AND SHALL SAVE AND HOLD GRANTOR HARMLESS FROM ANY CHARGE OR LIABILITY <br />FOR SAME. All such charges are to be paid by Grantee directly to the utility company or municipality furnishing the <br />same before the same shall become delinquent. <br /> <br />10.02. No interruption or malfunction of any utility service shall constitute an eviction or disturbance of Grantee's use and <br />possession of the Premises or a breach by Grantor of any of its obligations hereunder or render Grantor liable for any <br />damages (including, without limitation, consequential or special damages) or entitle Grantee to be relieved from any <br />obligations hereunder or grant Grantee any right of set-off or recoupment. <br /> <br />ARTICLE XI. Indemnity <br /> <br />11.01. EXCEPT FOR MONETARY DAMAGES FOR INJURY, DEATH OR PROPERTY DAMAGE DIRECTLY OR <br />PROXIMATELY CAUSED SOLELY BY THE GROSS NEGLIGENCE OF GRANTOR FOR WHICH GRANTOR IS <br />LEGALLY LIABLE, GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR AND GRANTOR'S <br />AUTHORIZED OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST <br />ALL LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES AND LIABILITY (INCLUDING COSTS AND EXPENSES OF <br />DEFENDING AGAINST ALL OF THE AFORESAID, AND SPECIFICALLY INCLUDING COURT COSTS AND <br />REASONABLE ATTORNEY'S FEES), INCLUDING STRICT LIABILITY CLAIMS, ARISING (OR ALLEGED TO <br />HAVE ARISEN) IN CONNECTION WITH THIS EASEMENT OR THE USE AND OCCUPANCY OF THE PREMISES, <br />INCLUDING, WITHOUT LIMITATION, FROM ANY ACT OR OMISSION OF ANY PERSON INCLUDING, <br />WITHOUT LIMITATION, GRANTOR OR GRANTOR'S OFFICIALS, AGENTS OR EMPLOYEES, GRANTEE OR <br /> <br />CE20050145 <br />lsouthar <br /> <br />5 <br /> <br />newce.doc V3.2 <br />