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<br />(1) In the event said pipeline interferes with the construction, use or
<br />maintenance of any building, waste pond or other improvement or structure which
<br />may be constructed or placed upon the land of Grantor, then and in such event
<br />Grantee agrees to remove such pipeline to another location designated by Grantor
<br />on its said land, the cost and expense for which relocation will be borne equally by
<br />Grantor and Grantee. After Grantee has removed and relocated such line pursuant
<br />to this paragraph (1), Grantor agrees to amend this grant insofar, but only insofar,
<br />as may be necessary to properly describe the route of such pipeline as relocated.
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<br />(2) Grantor reserves the right to grant easements to others for the
<br />purpose of laying pipelines across the lines that may be laid by Grantee hereunder.
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<br />(3) Prior to the initial construction and installation of Grantee's pipe-
<br />lines, to any major maintenance or repair work thereafter (except emergency
<br />repair necessary to protect life or property), to the removal and relocation of said
<br />pipeline pursuant to paragraph (I) hereof, or to the final removal thereof upon
<br />termination. of this easement, Grantee will notify Grantor in writing describing
<br />generally the work to be done and the approximate date thereof. In the
<br />performance of any such work the following additional conditions shall apply:
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<br />(a) Except where otherwise requested by ,Grantor, Grantee will
<br />bury said pipeline so that all points along such line the top thereof will be at least
<br />thirty-six inches (36") below the surface of the ground.
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<br />(b) At any point where there now or hereafter exists a road,
<br />Grantee will maintain a road crossing so that traffic on said road will not be
<br />interrupted and will properly encase said pipeline so that the same will not be
<br />damaged by or cause damage to traffic on said road.
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<br />(c) Grantee will fill adequately all excavations, even to the extent
<br />of refilling if required after settling of earth has occurred.
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<br />- - ~ (d) Promptly after such work is completed Grantee will restore
<br />the work area to as near as practicable the condition in which it existed prior to
<br />the commencement of such work, including, but not limited to, repairing, bracing
<br />and taking the slack out of any fences cut by Grantee, replacing signs, removing
<br />scrap, etc.
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<br />(e) Grantee will not permit or cause Grantor's roads, whether now
<br />existing or hereafter laid, to be obstructed. by equipm ent used in such work, and will
<br />provide adequate protection at night in the form of signal fiares at all open
<br />excavations and parked equipment which are near roads or traveled areas. Grantee
<br />will keep vehicles used in such work to the minimum required to adequately
<br />perform the same.' .
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<br />(f) Grantee will not permit equipment used in such work to
<br />traverse any of Grantor's roads without permission of Grantor first being obtained.
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<br />(4) Grantee further agrees that it will mark and accurately define said
<br />pipeline by the installation and maintenance of pipeline markers in accordance with
<br />a design for such marker furnished by Grantee to Grantor.
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<br />(5) Without regard to negligence or fault on the part of Grantor, Grantee
<br />agrees to pay any and all damages of every kind and nature suffered by Grantor, its
<br />successors and assigns, caused by or arising in whole or in part out of the
<br />installation, construction, operation, maintenance, repair, removal, use or exist-
<br />ence of said pipeline or out of the enjoyment or exercise of this easement or any
<br />right granted hereunder, save and except such damages as may be caused by the
<br />willful acts or sole negligence of Grantor. Grantee further agrees to reimburse and
<br />indemnify Grantor for and hold Grantor harmless from any and all claims, causes of
<br />action, liability, loss, damage or expense of every kind and nature, including, but
<br />not limited to, attorneys' fees and costs, which may in whole or in part be caused
<br />by or arise out of the installation, construction, operation, maintenance, repair,
<br />removal, use or existence of said pipeline or out of the enjoyment or exercise of
<br />this easement or any right granted herein, save and except such damages as may be
<br />caused by the willful acts or sole negligence of Grantor. Grantee hereby releases
<br />Grantor, its successors and assigns, from any and all damages sustained by it
<br />arising from Grantor's operation of its business.
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