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6. Product Change. Dow can change the Products transported in the pipeline without prior
<br /> notification to,or the consent of,the Grantor, its heirs,executors, administrators,successors
<br /> and assigns.
<br /> 7. Reservation of Rights. Grantor,its successors and assigns,reserve the right to use the Land
<br /> covered by this Easement in any manner that will not prevent or interfere with Dow's
<br /> exercise of its rights. Grantor,however,may not construct nor permit to be constructed any
<br /> house, building, improvement, or other above or below ground obstruction within the
<br /> permanent Easement without Dow's prior written consent. In addition, Dow may, without
<br /> compensation to Grantor, cut all trees, under-growth and overhanging branches and to
<br /> remove other obstructions that in Dow's sole judgment may injure,endanger or interfere with
<br /> the exercise of the rights granted to Dow.
<br /> 8. Permits. Dow will be responsible, at its cost and expense, for obtaining any necessary
<br /> permits, including those permits required to cross any roads, railroads, canals and other
<br /> private,public and quasi-public rights-of-way with its Facilities.
<br /> 9. Dow's Rights. Dow and its representatives will have ingress to and egress from the
<br /> Easement, using convenient places on the Land and any adjacent property owned or leased
<br /> by Grantor, to exercise the rights granted in this Agreement. After the Facilities' initial
<br /> construction and installation, Dow may use a reasonable amount of Land as additional
<br /> temporary work space to, the extent reasonably necessary for the Facilities' maintenance,
<br /> inspection, repair, removal or replacement, as determined by Dow. Dow is entitled to all
<br /> other rights and benefits necessary or convenient for the full enjoyment or use of the rights
<br /> granted in this Agreement.
<br /> 10.Land Restoration. Upon the completion of the Facilities' construction and installation or
<br /> other operations,Dow will fill all excavations and level the areas affected by the operations
<br /> and otherwise restore the ground surface affected by its operations to,as nearly as reasonably
<br /> practicable,the same condition as existed prior to the beginning of the operations.
<br /> 11.Drainage. Dow will maintain necessary drainage during construction and return all drainage
<br /> ditches disturbed during construction to, as nearly as reasonably practicable, the original
<br /> location and depth.
<br /> 12.Damages. Dow must pay for any damage to fences on the Land,which may be caused by
<br /> Dow in exercising the rights granted to it under this Agreement.
<br /> 13.Indemnification. Dow will indemnify,defend and hold the Grantor harmless against third-
<br /> party claims(including the Dow's employees)for personal injury,death or loss of or damage
<br /> to property caused by Dow's negligence in performing this Agreement. Dow's obligations
<br /> under this clause are conditioned on receiving prompt notice of a claim from Grantor. Dow
<br /> is exclusively entitled to control the defense. At Dow's expense, Grantor will provide
<br /> reasonable assistance to defend the claim, including promptly furnishing Dow with all
<br /> relevant information within its possession or control. Grantor may participate in the defense
<br /> at its expense. Grantor may not enter into any settlement,assume any obligation or make any
<br /> concession without Dow's prior written approval,which may not be unreasonably withheld.
<br /> Dow's indemnity obligation does not apply if a claim is caused by the sole negligence,gross
<br /> negligence or willful misconduct of Grantor. To the extent a claim is the result of joint
<br /> negligence or misconduct of both parties,the parties will indemnify each other in proportion
<br /> to their respective share of such joint negligence or misconduct.
<br /> 14.Parties' Relationship. Dow is not and will not be construed as Grantor's agent and will
<br /> have no authority to pledge,mortgage,hypothecate or otherwise encumber any interest in the
<br /> real property covered by the Easement.
<br /> 15.Notices. All notices and other communications required or permitted under this Agreement
<br /> must be in writing and must be sent to the party at that party's address set forth above, or
<br /> whatever other address the party specifies in writing. Any notice or communication mailed
<br /> in the manner will be considered received by the other party upon the expiration of 5 days
<br /> from the date of mailing(the 5 day period to include the date of the mailing).
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