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<br />e <br /> <br />e <br /> <br />These rights include ingress and egress by Grantee's pedestrian and vehicular traffic and <br />its equipment for the purposes set forth in section 1 03 above <br /> <br />2 Easement's Duration <br /> <br />2 01 Duration. This easement shall continue for as long as Grantee shall operate a waterline <br />in the Easement Area <br /> <br />2 02 Automatic Termination. This easement will terminate when the purpose of the easement <br />as described in section 1 03 ceases to exist, is abandoned by Grantee, or becomes <br />impossible of performance If, at any time during the duration of this easement, Grantee <br />fails to operate a waterline in the Easement Area for 180 consecutive days, this <br />easement will automatically terminate and Grantee will execute such documents as <br />Grantor may require in order to show that Grantee has abandoned the easement. <br /> <br />2 03 Discretionary Termination. If Grantee violates any of the terms of this agreement, then <br />Grantor may terminate this easement after giving Grantee written notice of default. Upon <br />receipt of written notice of default Grantee will have 30 days to remedy the violation If the <br />violation remains after 30 days from the date of notice of default, the easement will <br />terminate and the Grantee will have 60 days from the date of termination to remove its <br />property from the Easement Area. <br /> <br />3 Property Damage and Indemnity <br /> <br />3 01 Damaqe to Grantor's Property. Except as permitted in section 1, Grantee will not damage <br />any of Grantor's property If such damage does occur, Grantor will notify Grantee of <br />damage and Grantee will have 30 days to repair or remedy the damage If Grantee has <br />not repaired or remedied the damage within 30 days, the Grantee will reimburse the <br />Grantor the reasonable cost of repairing or replacing the damaged property Grantor will <br />present Grantee an invoice for the reasonable cost of repairs or replacement of said <br />damage and Grantee will promptly pay this invoice <br /> <br />3 02 Indemnity. To the extent permitted under applicable law, Grantee will indemnify and hold <br />harmless the Grantor against any lawsuits, liabilities, and claims, including personal <br />injuries and attorneys' fees arising from Grantee's exercise of its easement rights under <br />this agreement. <br /> <br />4 Grantor's Rights Reserved <br /> <br />4 01 Grantor reserves the right to use the surface of the Easement Area for any purpose that <br />does not interfere with Grantee's use of the easement. <br /> <br />5 General Provisions <br /> <br />5 01 Entire Aqreement. This agreement contains the entire agreement of the parties relating to <br />this subject. Any oral representations or modifications concerning this agreement shall <br />not be effective Any subsequent modification of this agreement must be in writing and <br />signed by representatives of both parties <br /> <br />5 02 Assiqnability. Grantee may assign its rights under this agreement if Grantor gives its prior <br />written consent to such assignment. Grantor will not reasonably withhold its consent. <br /> <br />5 03 Choice of Law. The parties will construe this easement according to the laws of the State <br />of Texas and will perform all of their obligations under this easement in Hays County, <br />Texas <br /> <br />-2- <br />