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Doc Bk Vol
<br />03031164 OPR 2321
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<br />ACTIONS, COSTS AND EXPENSES OF WHATSOEVER NATURE 0NCLIJDING REASONABLE
<br />ATTORNEY's FEES) TO PERSONS OR PROPERTY CAUSED BY OR ARISING OUT OF ANY OF
<br />GRANTEE's OPERATIONS HEREUNDER OR OTHERWISE RELATING TO THE CONSTRUCTION,
<br />OPERATION, MAINTENANCE AND/OR SERVICE OF ANY OF GRANTEE's UTILITIES IN THE
<br />EASEMENT PROPERTY AND/OR CAUSED BY OR ARISING OUT OF GRANTEE's (OR ITS EMPLOYEES',
<br />AGENTS' OR CONTRACTORS') FAILURE TO COMPLY AT ALL TIMES WITH ALL APPLICABLE
<br />FEDERAL, STATE AND LOCAL LAWS, RULES, REGULATIONS AND SAFETY STANDARDS IN
<br />CONNECTION WITH CONSTRUCTING, USING, OPERATING, MAINTAINING AND/OR SERVICING
<br />UTILITIES WITHIN THE EASEMENT PROPERTY PROVIDED, HOWEVER, THAT NO CONSEQUENTIAL
<br />DAMAGES SHALL BE INCLUDED IN TH/S INDEMNITY, EXCEPT TO THE EXTENT THAT SAII)
<br />CONSEQUENTIAL DAMAGES ARE THE RESULT OF GRAN'rlS£'S WILLFUL MISCONDUCT.
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<br /> 17. Other than in an emergency situation, Grantee shall contact Grantor prior to the
<br />commencement of any operation to repair, replace or service the utilities within the Easement Property.
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<br /> 18. It is understood and agreed that Grantee shall install a portion of rite proposed wastewater
<br />system via a bore as illustrated on the attached Exhibit B. Grantor shall not trench across the Easement Property
<br />traversed by the bore during the initial construction or at any later time. The rights granted hemander are lhnited to
<br />one (1) wastewater pipeline up to a size not to exceed thirty-six inches (36") interior diameter and other associated
<br />equipment and appurtenances.
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<br /> The reservations, covenants, conditions and reversionary provisions contained herein shall nm
<br />with the land and inure to the benefit of Grantor and the successive owners of any portion of Grantor's tract, and be
<br />binding upon Grantee, and the successive owners of any pordon of the Permanent Easement Strip hereby conveyed.
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<br /> The acceptance by Grantee of this conveyance is expressly conditioned upon and subject to the
<br />reservations, covenants, and conditions provided herein, and its agreement thereto and is evidenced by Grantee's
<br />causing this instrument to be recorded in the Deed Records of Hays County, Texas.
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<br /> The persons and officers signing below on behalf of Grantor or Grantee personally represent and
<br />warrant that Grantor or Grantee, as the case may be, has full right and authority to execute this agreement, that the
<br />person or persons signing below on behalf of Grantor or Grantee was authorized to do so.
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<br /> This agreement and ail of the terms, provisions and obligations hereof shail be covenants running
<br />with the land affected thereby and shail inure to the benefit of and be binding upon Grantor and Grantee and their
<br />respective successors and assigns.
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<br /> Grantor, for the consideration and subject to the reservations from and exceptions to conveyance
<br />and warranty and the covenants and conditions contained herein, HAS GRANT~D, SOLD AND CONVEYED, and
<br />by these presents does GRANT, SELL AND CONVEY to Grantee a wastewater utility easement aiong, across,
<br />through, within and over the Properly, and for Grantee's free and uninterrupted use, liberty, privilege and free
<br />ingress, egress and regress to the Property (together with the Temporary Easement during the period described
<br />above); provided, however, that Grantee's use of the Property shall not obstruct ingress, egress and regress over the
<br />Property by Grantor, Grantor's successors and assigns and those going onto or over the Property with the consent of
<br />Grantor, its successors and assigns.
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<br /> TO HAVE AND TO HOLD the Property unto the said Grantee, Grantee's successors and assigns,
<br />forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND
<br />FOREVER DEFEND all and singular the Property to Grantee and Grantee's successors and assigns against every
<br />person whomsoever claiming or to claim the same or any part thereof, subject to the reservations and exccptions
<br />contained herein.
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<br />When the context requires, singular nouns and pronouns include the plurai.
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<br />Grantee is signing below to evidence its acceptance of and agreement to all of the terms and
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<br />8/1/2003
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