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within the Construction Easement Area or elsewhere on Grantor's Property, unless agreed
<br /> to in writing by Grantor.
<br /> d. No Grantee Liens. Grantee will perform all of Grantee's Work at its sole cost and
<br /> expense, and will not allow any mechanics' or other lien to be placed on Grantor's Property.
<br /> If any lien arises, Grantee will fully discharge the lien at its expense no later than 15 days
<br /> after the lien is filed and will promptly send written notice to Grantor, along with a copy of
<br /> the recorded release or other proof in a form acceptable to Grantor that the lien was
<br /> discharged.
<br /> e. No Hazardous Substances. Grantee agrees that it will not bring any hazardous
<br /> substances in, on or under the Construction Easement Area or Grantor's Property, or cause
<br /> any release of hazardous substances in, on, under or from the Construction Easement Area
<br /> or Grantor's Property. Grantee further represents that if it introduces, releases, contacts or
<br /> discovers any hazardous substances on, above, or below the Construction Easement Area or
<br /> Grantor's Property in connection with its activities, it will promptly notify Grantor.
<br /> f. Restoration of Property. Grantor agrees to: (i) remove all of its equipment,
<br /> materials, tools, trash and debris from the Construction Easement Area.
<br /> 7. Indemnification. Grantee will hold harmless, indemnify and defend (with counsel of
<br /> Grantor's choice) Grantor and its affiliates, and their respective lessees, franchisees,
<br /> licensees, employees, agents, personal representatives, contractors, and any of their
<br /> respective successors and assigns (collectively, the "Grantor's Parties") against any and all
<br /> claims, demands, losses, liabilities, costs, fines, penalties, expenses, damages, including
<br /> economic, direct, indirect and consequential damages, suits, liens, causes of action and
<br /> judgments (including, but not limited to attorney's fees) (collectively, the "Claims") arising
<br /> out of, or in any way related to, or in connection with, or as a result or consequence of; (i)
<br /> Grantee's Work; (ii) any acts, errors or omissions relating to the temporary construction
<br /> easement by Grantee and/or its employees, agents, personal representatives, contractors or
<br /> subcontractors, and any of their respective successors and assigns, or any other person acting
<br /> directly or indirectly through or under Grantee (collectively, the "Grantee's Parties"), and for
<br /> subrogation actions initiated by Grantee or Grantee's workers' compensation insurance
<br /> carrier, and for any other matter based on Grantee's workers' compensation insurance; (iii)
<br /> any actual or alleged violation of applicable laws, regulations, ordinances, administrative
<br /> orders or rules; (iv) any actual or alleged breach by Grantee and/or Grantee's Parties of any
<br /> of their representations, warranties and/or obligations in this Agreement; (v) the entry upon
<br /> and/or use of Grantor's Property or the Construction Easement Area by Grantee and/or
<br /> Grantee's Parties; and (vi) any other acts by Grantee and/or Grantee's Parties pursuant this
<br /> Agreement.
<br /> 8. Release. Grantee will enter upon the Construction Easement Area and conduct
<br /> Grantee's Work at its sole risk, cost and expense. Grantee waives and relinquishes any and
<br /> all Claims related to the subject matter of this Agreement now or hereafter arising in Grantee
<br /> or any of Grantee's Parties occasioned by, directly or indirectly, the condition of Grantor's
<br /> Property and the Construction Easement Area, or any other facts or occurrences with respect
<br /> to Grantee's conduct under this Agreement. Grantee also agrees and acknowledges that
<br /> Grantor makes no representations or warranties as to the condition of the Construction
<br /> Easement Area or Grantor's Property.
<br /> Document#1746709v3
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