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Doc Bk Vol P~
<br />03031164 OPR 232i 6
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<br />use of said Permanent Easement Strip is not interfered with or disturbed.
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<br /> 4. Grantor expressly reserves the right to pave with asphalt, base or similar material across the
<br />area within the Permanent Easement Strip. Grantee agrees that any repairs to said paving resulting from Grantee's
<br />operations as provided herein within said Permanent Easement Strip shall be at Grantee's sole cost.
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<br /> 5. Grantor expressly reserves the right to use all or any part of the Permanent Easement Strip
<br />conveyed herein for any other or further purpose that does not damage, destroy, injure and/or interfere with the use
<br />of the easement conveyed herein for the purposes for wlfich tl~e said easement is conveyed herein.
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<br /> 6. Grantee agrees that Grantee's ingress and egress over Grunter's land, is limited to ingress and
<br />egress over the Permanent Easement Strip except by prior written permission of Grantor.
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<br /> 7. Grantee agrees that there shall be no above ground appurtenances within said Permanent
<br />Easement, and that any manhole installed in the Permanent Easement shall be securely bolted.
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<br /> 8. Grantee agrees to comply at all times and at its sole cost with all applicable federal, state, and
<br />local laws, niles, regulations, and safety standards in connection with Grantee's activities hereunder.
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<br /> 9. Grantee is not and shail not be construed as Grantor's agent in contracting for any
<br />improvements to the Permanent Easement Strip and shall have no authority to pledge, mortgage, hypothecate or
<br />otherwise encumber any interest in the Permanent Easement Strip, except for Grantee's easement rights hereunder.
<br />Grantee shall indemnify and hold harmless Grantor from and against any and all mechanic's, materialmcu's or other
<br />liens or claims (and all costs and expenses associated therewith) asserted, filed or arising out of any such work.
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<br /> 10. Grantee shall be required and does hereby agree, after the completion of any construction,
<br />installation, repair, maintenance, replacement, or removal within the Permanent Easement Strip, to restore the
<br />Permanent Easement Strip to a condition substantially equivalent to the condition that it was in prior to the time of
<br />such construction, installation, repair, maintenance, replacement, or removal.
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<br /> 11. Grantee agrees that upon the termination of the Temporary Easement, that is, upon the
<br />completion of the initial construction period or, in any event, for a period not to exceed One (1) year from the date
<br />of the execution of this agreement, to restore the Temporary Easement to a condition substantially equivalent to the
<br />condition it was in prior to the time of such initial construction.
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<br /> 12. Grantee agrees that, upon completion of the initial construction period or, in any event, upon
<br />the expiration of One ( 1 ) year from the date of the execution of this agreement, the Temporary Easement provided
<br />for bemin shall terminate and said portion of said Temporary Easement outside of the Permanent Easement Strip
<br />shall revert to Grantor free and clear of any right, title and interest of Grantee.
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<br /> 13. All persons entering upon the Permanent Easement Strip under this grant shall confine
<br />themselves to the use and purposes contemplated herein.
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<br /> 14. Grantor and Grantee agree that this agreement, as written, covem the entire agreement
<br />between the parties and no other representations or agreements, ~tten or oral, have been made modifying, adding
<br />to or changing the reruns bereof or inducing the execution hereof.
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<br /> 15. All rights reserved by Grantor herein are expressly subject to the ordinances of the City of
<br />San Marcos related to subdivision and development.
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<br /> 16. TO THE FULL EXTENT OF THEIR LIABILITY UNDER APPLICABLE LAW
<br />GRANTEE, ITS SUCCESSORS AND ASSIGNS, SHALL AND HEREBY DOES INDEMNIFY AND HOLD
<br />HARMLESS GRANTOR, AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS AND
<br />ASSIGNS AND ANY LENDER THAT HOLDS A L1EN COVERING ANY PROPERTY AY'Iq~CTED BY
<br />GRANTEE's EASEMENT HEREIN GRANTED FROM AND AGAINST ALL LIABILITY, DAMAGES, SUiTS,
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<br />8/I/2003
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