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- Return to: City of La Porte .n: Cherie Black . Box 1115 La Porte, TX 77572-1115 '151-70~0375 Grantor, its legal representatives, successors and assigns the specific right to (among others, but not in limitation thereof) use the surface and subsurface of the Subject Property for roads, driveways, alleys, walks, gardens, lawns, parking areas, other utility purposes, in, on, upon, over, under, along and across the Subject Property provi~ed any such uses do not unreasonably interfere with the use of the Subject Property by Grantee as specified herein. In consideration' of Grantor granting and conveying the easement in and to the Subject Property to Grantee, Grantee hereby agrees to indemni fy and hold Grantor, its legal representatives, successors and assigns, harmless from any and all liabilities, damages, injuries, costs, expenses, claims and causes of action associated with the construction, installation, repair, operation and maintenance of the waterline located within the Subject Property including without limitation, all costs and expenses, including reasonable attorney's fees, incurred by Grantor in connection with any such matter; provided however, in no event shall this assumption of liability or indemnification of Grantor by Grantee be construed to include damage, loss or injury resulting from the willful misconduct or negligent acts of Grantor, its legal representatives, successors and assigns, or its agents, or loss or injury resulting from acts of God. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation and modifications concerning this instrument shall be of no force and effect unless modified in writing and signed by the parties hereto. In the event of any controversy, claim or dispute relating to the instrument or the breach thereof, the prevailing party shall be entitled to'recover its reasonable attorney's fees and costs associated with such breach. Grantee joins in the execution of this instrument to acknowledge its agreement and acceptance of the terms and conditions in this instrument.