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7. Stock Tanks. Grantee will construct, operate and maintain the Utility Facilities in a manner that avoids
<br />interference with Grantor's stock tanks outside of the Easement Property. Grantee will not alter any
<br />drainage along or across the Easement Property to cause standing water, or to change drainage so it is
<br />diverted away from Grantor's stock tanks.
<br />8. Manner of Excavation. In excavating to install, repair, or remove a pipeline, Grantee will first remove
<br />the topsoil to a depth of 18 inches and store the soil separately from deeper soil. After excavating,
<br />Grantee will replace fill materials and any of the deeper soil first and then replace the topsoil at the
<br />top of the excavated area.
<br />9. Filling of Excavations. Grantee agrees that when it completes work in an excavation for a pipeline,
<br />Grantee will compact the fill material as is reasonably required to preclude subsequent subsidence.
<br />Grantee will replant the excavated area with replacement grass seed of a "like -kind."
<br />10. Termination for Nonuse. From and after the date of the initial use of any pipelines installed
<br />hereunder, this easement will be deemed to have terminated when Grantee, or its successors and
<br />assigns, cease to use the Utility Facilities or Easement Property for a period of ten (10) years in
<br />accordance with Texas law. Upon termination of this easement under this paragraph, Grantee, or its
<br />successors and assigns, upon written request by Grantor, will release this easement to the Grantor, or
<br />Grantor's heirs, administrators, successors and assigns, by written instrument in recordable form.
<br />11. Brush and Trees. Grantee will remove from the site, stack in piles, burn, or bury any brush or trees
<br />cut in its operations. Grantee will remove any trash, debris, or refuse, including, but not limited to,
<br />flagging, electrical wire, plastics, chemicals, minerals or foreign objects, upon completion of any
<br />operations.
<br />12. Grantor's Right to Develop. Grantor reserves the right to develop Grantor's property, which right
<br />will include, but not be limited to, the right to construct roads and streets, pipelines, and utility lines
<br />across the Easement Property perpendicular to the Utility Facilities, as long as Grantee determines the
<br />construction, maintenance or operation of the proposed use will not damage or interfere with the use
<br />of the Easement Property or the Utility Facilities by Grantee. Grantor will submit plans to Grantee and
<br />secure Grantee's prior written approval before constructing any such improvements, and will ensure
<br />that the improvements meet industry standards, including without limitation, engineering design,
<br />depth and separation from all of Grantee's facilities. Grantor may not construct a proposed
<br />improvement if Grantee determines that the improvement may interfere with, hinder or damage
<br />Grantee's use of the Easement Property or Grantor's use or operation of the Utility Facilities. Grantor
<br />will not construct any improvements within the Easement Property that are not perpendicular to the
<br />Utility Facilities.
<br />13. Mutual Release. Grantor and Grantee hereby waive any legal rights each may acquire against the
<br />other party, and hereby release each other, for the loss of or damage to their respective property or to
<br />property in which they may have an interest, but only for any loss or damage that is caused by an
<br />insured event arising out of or in connection with the Easement Property, to the extent such loss or
<br />damage is paid by for by insurance proceeds.
<br />14. No Hunting or Fishing or Recreating. Grantee, its agents, servants and employees will not hunt, fish
<br />or recreate in the Easement Property or on the Grantor's property. Grantor may exclude from the
<br />Easement Property and Grantor's property any individual violating this provision.
<br />Pipeline Easement Special Terms 20200206
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