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<br />INDEMNIFY GRANTOR AND SAVE IT HARMLESS FROM ANY AND ALL CLAIMS, <br />DEMANDS, AND CAUSES OF ACTION FOR DAMAGE TO PROPERTY OR INJURY TO <br />OR DEATH OF PERSONS OR FOR ENVIRONMENTAL DAMAGE, INCLUDING ANY <br />CLAIMS ARISING UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE <br />COMPENSATION AND LIABILITY ACT (CERCLA) AND OTHER APPLICABLE <br />FEDERAL AND STATE ENVIRONMENTAL LAWS, WHICH MAY IN ANY WAY RESULT <br />FROM, GROW OUT OF, OR ARISE IN CONNECTION WITH THE EXISTENCE, USE OR <br />OPERATION OF GRANTEE'S PEDESTRIAN/BIKE TRAIL HEREUNDER OR THE <br />EXERCISE BY GRANTEE OF ANY OF THE RIGHTS HEREIN GRANTED EXCEPT TO <br />THE EXTENT THAT SUCH CLAIMS, DEMANDS, OR CAUSES OF ACTION RESULT <br />FROM GRANTOR'S NEGLIGENCE OR WILLFUL MISCONDUCT. <br /> <br />It is understood that this grant of a pedestrian/bike trail right of way and easement does <br />not constitute a conveyance ofthe land described herein or of the minerals therein and thereunder <br />but grants only the rights provided above. <br /> <br />~ <br />..~ <br />p" <br />'i\'~ <br /> <br />Grantee agrees that, after commencing construction, it will pursue the work diligently to <br />effect prompt completion of the pedestrian/bike trail, and following the construction of its <br />pedestrian/bike trail, it will restore the surface of the land traversed by the pedestrian/bike trail, <br />as nearly as is practicable, to the condition in which it existed prior to construction. <br /> <br />, <br />i <br />riin <br />I.ll <br />('iJ <br />i <br />I <br />!~ <br />I,~ <br />l~ <br /> <br />The rights granted herein shall not be assigned by Grantee without the written consent of <br />Grantor, which consent shall not be unreasonably withheld. <br /> <br />The obligations undertaken by Grantee hereunder shall be deemed covenants running <br />with the land. <br /> <br />EXECUTED this /tl ~ day of (lull;! <br /> <br /> <br />L/ <br /> <br />,2009. <br /> <br />FORM APPROVED <br /> <br />CITYOF L POV d <br /> <br />By: ~ ~ <br /> <br />Name: - :C~~11~0:i / Vl~~ _ <br />Title: :Of /({-CWK lfY'ltts Y i!:~dLYft~ <br />{ / /J <br />C i T{ [I (:: ell leil?-_ i77 <br /> <br /> <br />{. t(; <br />. t....y..-x--., <br /> <br />~\~ <br />"'" <br />~~ <br /> <br />Y)\~XXONMOBIL PI~ELINE COMPANY <br /> <br />By ~'{,i- <br /> <br />l Larry D. Wilson <br />Manager, Right of Way and Claims <br /> <br />BY~ <br /> <br />2 <br />