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(D) Grantee shall construct Grantee's Facilities in accordance with the building specifications approved by Grantor and the following specifications: (i) the pedestrian and bicycle trail shall not exceed ten feet (l0') in width and shall be constructed of concrete which shall not be less than six inches (6") thick and shall be reinforced with steel wire mesh in accordance the State of Texas Department of Highways and Public Transportation standard specifications; (ii) Grantee shall provide and maintain a minimum of five feet (5') of earth cover above Grantor's subsurface Existing Facilities and Future Facilities; (iii) in the construction of Grantee's Facilities, no vehicle shall be placed, used or operated on the Easement Tract which exceeds the Surface Load Capacity; and (iv) the construction of any of the Grantee's Facilities shall not block natural drainage or cause the retention of water on the Easement Tract or on Grantor's Adjacent Tracts. Grantee shall not place or construct any buildings or permanent structures on the surface of the Easement Tract or place or construct any facilities or improvements in the subsurface of the Easement Tract. II'" , , :ill! \\; N f1 I i 'I ,~ I r;1;) :J:1 o (E) Grantee shall at all times: (i) keep the Easement Tract free of trash and debris and maintain the Easement Tract and Grantee's Facilities in good order and repair; (ii) not place, use or operate or permit others to place, use or operate any motorized vehicles, recreational or otherwise, on the Easement Tract except during the construction and installation of the Grantee's Facilities; (iii) obtain Grantor's prior written consent before crossing or entering on any portion of Grantor's Adjacent Tracts; (iv) use its best efforts to provide for the safety of all persons using or working within the Easement Tract; (v) avoid damage to Grantor's Adjacent Tracts and to Grantor's and Prior Interests owners' Existing Facilities and Future Facilities located within and outside of the Easement Tract; (vi) comply with all laws applicable to the Easement Tract and Grantee's Facilities; (vii) not permit any mechanic's or materialmen's liens or similar liens for work performed or materials furnished to exist on or against the Easement Tract or any portion of Grantor's fee estate of the Easement Tract, any portion of Grantor's Adjacent Tracts; (viii) when Grantee's use of the Easement Tract and/or Grantee's Facilities ceases or is abandoned, at Grantor's request, remove all of Grantee's Facilities and execute a release or termination of this Easement within thirty (30) days of Grantee's receipt of written notice from Grantor; and (ix) at Grantee's expense on request of Grantor, relocate the Grantee's Facilities to another location on Grantor's Adjacent Tracts to a place designated by Grantor. i~ , ~ I~ !!lli (F) To the extent permitted by law, Grantee hereby assumes all liability for, and agrees to indemnify, defend and hold Grantor and Grantor's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors or invitees (each, an "Indemnitee") harmless from all claims, demands, fines, damages, liabilities, losses, costs, expenses (including without limitation reasonable attorneys' fees and court costs) (collectively, the "Covered Losses"), that may be suffered or incurred by an Indemnitee, on account of injuries to or death of any persons, or damage to or destruction of any property occurring on or in connection with the Easement Tract or Grantee's Facilities. When any Covered Losses are the result of joint or concurrent negligence of Grantee and an Indemnitee or their respective employees, contractors, agents or invitees, it is understood and agreed that Grantee's indemnity obligations shall be effective and shall cover all such losses, claims, demands, or causes of action notwithstanding any negligence on the part of an Indemnitee. (G) As long as this Easement remains in effect, Grantee shall maintain, comprehensive generally liability insurance in the amount of $1,000,000 and umbrella liability 1086423v.3