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<br />01/21/2000 11:01 <br /> <br />5123962870 <br /> <br />ANDREW GARY <br /> <br />PAGE 04/10 <br /> <br />6. Grantee agrees that Grantee's ingress and egress <br />over Grantor's land, is limited to ingress and egress over the <br />Permanent Easement Strip and the Temporary Easement Strip during <br />construction, except by prior written permission of Grantor. <br /> <br />7. Grantee agrees that there shall be no above ground <br />appurtenances within said easement herein conveyed except for <br />fire hydrants. <br /> <br />8. Grantee agrees to comply at all times and at its <br />sole cost with all applicable federal, state, and local laws, <br />rules, regulations, and safety standards in connection with <br />Grantee's activities hereunder. <br /> <br />9. Grantee is not and shall not be construed as <br />Grantor's agent in contracting for any improvements to the <br />Permanent Easement Strip and shall have no authority to pledge, <br />mortgage, hypothecate or otherwise encumber any interest in the <br />Permanent Easement Strip, except for Grantee's easement rights <br />hereunder. Grantee shall indemnify and hold harmless Grantor <br />from and against any and all mechanic's, materialmen's or other <br />liens or claims (and all costs and expenses associated therewith) <br />asserted, filed or arising out of any such work. <br /> <br />10. Grantee shall be required and does hereby agree, <br />after the completion of any construction, installation, repair, <br />maintenance, replacement, or removal within the Permanent <br />Easement Strip and the Temporary Easement Strip, to restore the <br />surface of the Permanent Easement Strip and the Temporary <br />Easement Strip with topsoil, and to compact and reseed the <br />Permanent Easement Strip, to a condition sUbstantially equivalent <br />to the condition that it was in pri0r to the time of such <br />construction, installation, repair, maintenance, replacement. or <br />removal. <br /> <br />11. Grantee agrees that upon the termination of the <br />Temporary Easement, that is, upon the completion of the initial <br />construction period or, in any event, for a period not to exceed <br />One (1) year from the date of the execution of this agreement, to <br />restore the surface of the Temporary Easement Strip with topsoil, <br />and to compact and reseed the Temporary Easement Strip, to a <br />condition substantially equivalent to the condition it was in <br />prior to the time of such initial construction. <br /> <br />12. Grantor agress that Grantee shall have the right <br />to remove the fence shown at point LIon ExhibIt "A" attached <br />hereto and incorporated by reference herein without replacing <br />said fence; and Grantee shall have the right to remove the fence <br /> <br />3 <br />