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<br />(c) GRANTOR, its/their successors and assigns, shall have the right to use the surface of
<br />the Easement herein granted insofar as such use does not, in the reasonable judgment of the
<br />GRANTEE, impair, interfere with or obstruct the use of the Easement by GRANTEE, or its
<br />successors and assigns. GRANTOR hereby covenants that no excavation, building, structure or
<br />other obstruction will be constructed, erected, built or permitted on surface of the Easement and
<br />no change will be made in the grade, elevation or contour of the Easement, nor any tree planted
<br />thereon, without the prior written consent of GRANTEE, which consent will not be unreasonably
<br />denied, delayed or conditioned.
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<br />(d) During the period of installation, removal or replacement of the Facilities by
<br />GRANTEE within the Easement herein granted, GRANTEE shall have the right to use as
<br />temporary construction easements so much of the surface of the Property as may be reasonably
<br />necessary. for GRANTEE'S construction, installation, removal or replacement of said Facilities.
<br />Following the initial installation of GRANTEE'S Facilities, and also after any later activities by
<br />GRANTEE which affect the Property, GRANTEE shall promptly restore the grounds affected
<br />thereby to as nearly as practicable the same condition that existed prior to such activity.
<br />(e) The Easement granted hereby is subject to all valid and subsisting oil, gas, sulfur, and
<br />mineral leases, unitization agreements, deeds, easements, rights -of -way, restrictive covenants,
<br />mineral and royalty grants and reservations, or other instruments now of record which affect the
<br />Easement.
<br />(f) GRANTOR warrants that helshelthey are the owners of the Property occupied by the
<br />Easement herein granted, and that GRANTOR has the right to make this conveyance and receive
<br />the consideration therefor. GRANTOR covenants that GRANTEE may quietly enjoy the Easement
<br />for the uses herein stated. In addition, GRANTOR hereby warrants and represents helshe/they have
<br />no knowledge of the existence of past or present production, storage, treatment or disposal of any
<br />toxic or hazardous waste or substance, or of hazardous/toxic waste contamination conditions
<br />applicable to either the Easement or the Property.
<br />(g) NOTWITHSTANDING ANY PROVISION OF THIS EASEMENT TO THE
<br />CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
<br />FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR
<br />CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT
<br />NOT LDAITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
<br />REPLACEMENT SERVICES, OR CLAIMS OF ANY OTHER THIRD PARTIES,
<br />OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
<br />BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT
<br />LIABILITY.
<br />(h) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
<br />against any and all claims, demands, or causes of action of whatever nature, asserted by others which
<br />are caused by or arise in any mamier out of acts or omissions of GRANTEE, its employees, or any
<br />other persons acting under its control, in the use and occupancy of the Easement herein granted.
<br />TO HAVE AND TO HOLD the above described Easement, together with all and singular
<br />the rights and appurtenances thereto belonging, unto GRANTEE, its successors and assigns,
<br />forever, and GRANTOR does hereby bind its self, and its heirs and assigns, to warrant and forever
<br />LP-00115-M
<br />Blocks 92 & 101
<br />SNVBT Easement
<br />VA
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