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purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing,
<br /> improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling,
<br /> protecting,repairing,changing the size of,relocating and changing the route or routes of the Pipeline within
<br /> the Permanent Easement, abandoning in place and removing at will, in whole or in part,the Pipeline, and
<br /> the transportation of Ethylene,together with above-and below-ground appurtenances as may be necessary
<br /> or desirable for the operation of the Pipeline, over, across,under and upon the Permanent Easement.
<br /> 2. Grantee shall bury the Pipeline to a minimum depth of thirty-six inches(36")below the surface of
<br /> the ground and any then existing drainage ditches, creeks and roads.
<br /> 3. Grantee shall have the right of ingress,egress,entry and access in,to,through,on,over,under,and
<br /> across the Easements and where same intersect any public road or public right-of-way or other easement to
<br /> which Grantee has the right to access and along any roads designated by Grantor,for any and all purposes
<br /> necessary and/or incident to the exercise by Grantee of the rights granted to it by this Agreement. Grantee
<br /> shall promptly repair any damage to Grantor's roads caused by Grantee in the exercise of any rights granted
<br /> hereby to a condition that existed prior to Grantee's use.
<br /> 4. Grantee shall have the right to select the exact location of the Pipeline on Grantor's property.
<br /> Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure
<br /> proper lateral and subjacent support for and drainage for the Pipeline and appurtenant facilities related to
<br /> this pipeline project.
<br /> 5. The consideration paid by Grantee in this Agreement includes the market value of the Easements,
<br /> both permanent and temporary, any and all damages to Grantor's remaining property and for reasonably
<br /> anticipated damages caused to the surface of Grantor's lands within the Easements during the initial
<br /> construction of the Pipeline, including,but not limited to, damages to growing crops,and related facilities.
<br /> The initial consideration does not cover any damages, which may accrue from time to time to Grantor's
<br /> other lands or the Permanent Easement by reason of the operation, maintenance, repair, alteration and/or
<br /> servicing of the Pipeline. Grantee shall pay Grantor for any and all other such reasonable damages promptly
<br /> as they may accrue.
<br /> 6. Grantee shall have the right to remove any fence that now crosses or may cross the Easements during
<br /> initial construction of the Pipeline or thereafter. Prior to cutting any fence,however,Grantee shall brace the
<br /> existing fence to be cut adequately on both sides of the proposed cut by suitable H-braces to prevent the
<br /> remainder of the fence from sagging. Before the fence wire is cut,it is to be attached to the posts in a manner
<br /> that there will be no slackening of or damage to the wire. Each such wire gap is to be reinforced so as to be
<br /> strong enough to prevent livestock from passing through same. Upon completion of initial construction
<br /> operations,each wire gap will be removed and at Grantee's sole option replaced with(i)fencing of the same
<br /> or better grade and condition as existed before Grantee cut and gapped same,or(ii)a permanent gate,which
<br /> gate shall,to the extent reasonably practicable, be constructed out of similar or better grade materials than
<br /> already used for existing gates on the property. Each entry and exit gate shall be securely closed and locked,
<br /> except when Grantee or its authorized personnel are actually passing through same.
<br /> 7. Grantor may use the Easements for any and all purposes not inconsistent with the purposes set forth
<br /> in this Agreement. Grantor may not use any part of the Easements if such use may damage,destroy,injure,
<br /> and/or interfere with Grantee's use of the Easements for the purposes for which the Easements are being
<br /> sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easements:
<br /> (1) construct any temporary or permanent building or site improvements; (2) drill or operate any well on
<br /> the Easements but a well can be directionally drilled under the Easements subject to the terms of Paragraph
<br /> 9;(3)remove soil or change the grade or slope;(4)impound surface water;or(5)plant trees or landscaping.
<br /> Grantor further agrees that no above-or below-ground obstruction that may interfere with the purposes for
<br /> which this Agreement is being acquired may be placed, erected, installed or permitted upon the Easements
<br /> without the prior written permission of Grantee, which shall not be unreasonably withheld. Grantor,
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