2007-IDA-08 Metton America, Inc - Laserfiche WebLink

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5U ~ -29-.1 ~ ~8 ~ -. r ~~~ ~.~ EXW;$;T C A non-exclusive easement to use the roadway described on Attachment I for access to and from the property of the grantee, sub,fect, however, to the following conditions and covenants, rhich grantee agrees to keep and perform: (I) This easement shall remain in force until the said roadway is abandoned for a period of twelve (lz) consecutive months. (2) Grantee has heretofore inspected such roadway and determined that it is in goad condition and suited for the purposes for which it is intended to be used hereunder. (3) Without regard to negligence or fault, except as hereinafter prDVided, grantee agrees to pay for any and all damages to property 6elanging to grantor or its agents, officers, ar employees, which may be suffered from or arise in whale or in part out of the use of said roadway by grantee, ar its contractors or subcontractors, or their agents, servants or employees, ar put of the en,~oyment ar exercise of this easement ar any right granted hereunder os obligation imposed hereby. in addition, grantee hereby agrees tv reimburse, indemnity and save grantor harmless for and from any and all expenses, lasses, claims, liabilities, damages ar causes of action, including but not limited to, attorney's fees and casts, caused by yr arising in whole or in part out of the use at said roadway by grantee or its contractors or subcontractors. ar their respective agents, servants ar employees, ar out of the enjoyment ar exercise of this easement ar any right granted hereunder ar obligation imposed hereby. For the purposes of this paragraph, any act yr activity of grantee, its contractors and subcontractors, and their respective agents, servants, and employees, on the roadway which is the sub,}ect of this easement whether in the scope of their employment and authority ar not, shall be deemed to be in the exercise of this easement and in the en,~ayment of the rights granted and the oblSgations imposed hereby. Nathwithstanding the foregoing, grantee shall not be responsible far any damages or indemnity which results from the sale negligence ar fault at grantor, its contractors ar subcontractors, ar agents ar employees. (q} Grantor and grantee hereby agree that the cast of maintaining resurfacing and repairing said road shall be borne equally and granter agrees tv reimburse grantee far its one-halt of such casts, as incurred tram time to time, promptly upon receipt of an invoice for such casts. (5} Phis easement is sub,~ect to the right of grantor to grant easement to others and to its atrn right to construct pipe lines, poxer lines or any other type at lines on, over or across and under the land covered by this easement without any liability therefor to grantee for damages, direct or consequential, sustainea by grantee as 8 result thereof. LO) l(7i3 C4~C~[iT~.liL .L1 G {;uVci~niei ~~~a~ 3~+a~~ rug n land. . . `°;..` ~~ ~~ .: :,.