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• <br /> •• ,a:`•Permission: <br /> '•It, is agreed that prior to any installation or modification of the Grantee's <br /> improvements within the Permit Area herein granted,the Grantee will first supply the <br /> ,=dragtor with detailed drawings and specifications relating to such proposed <br /> r • `..�'construi tion and that no construction,installation or modification of facilities will be <br /> perform'ed until..the plans have been approved in writing by the Grantor; provided, <br /> ''however;that the approval of the Grantor to the performance of such construction <br /> '`"•sftall..n'ot in a .yrs�anner be considered as imposing any obligation upon the Grantor <br /> as to safety'or prppri�ty of such installation or construction.Upon completion of such <br /> installation or,construction, the Grantee shall remove all debris and restore the <br /> grouiid sirrface`to .as'nearly as possible to the condition in which it was at the <br /> commencehentrifsuch work. <br /> • <br /> 5. Damages: <br /> Any property-.,pr'rlg'bt of,wwajrAf•the Grantor damaged or destroyed by the Grantee <br /> incident to theexereise o`ft#�•e privileges herein granted shall be promptly repaired or <br /> replaced by the Grantee to•the'satisfaction of the Grantor. If so deemed by the <br /> Grantor,the Grantee sli'all,prbrnptly pay to,the Grantor the cost of any reconstruction, <br /> replacement, repair, alteration or restoration or any other changes or repairs to <br /> Grantor's facilities which:the.•Giantors+Yall reasonably deem necessary by reason of <br /> the construction,use and mainie►latice of the improvements on the Right of Way.For <br /> the purpose of this paragrap1 "cost"shall be defihed as all direct or assignable costs <br /> of materials, labor and service including'overhead,in accordance with charges for <br /> transportation of workers,material;•and egiiipltientJstorage expense of material and <br /> rental equipment. `. .. <br /> 6. No Warranty: - <br /> Grantor does not warrant its title and owr(ersliip•af property or right-of-way nor its <br /> right to grant the rights and privileges hei'ejn praviaed"and shall not be liable for <br /> defects thereto or failure thereof. • <br /> 7. Non-Exclusive: <br /> This permit shall not be deemed an exclusive one nor sha#l.thp•Grantgr be prohibited <br /> from granting permission to others to occupy portions of the:Rigf t of•Way where such <br /> uses are not inconsistent with the permit granted to the'G:ranteee:.,.- <br /> 8. Hold Harmless Clause: <br /> Except as otherwise provided in this paragraph,the Grantee hereby agree4 to Defend <br /> and indemnify the Grantor from any and all Claims arising out of,iti cnhnectl'on.with, <br /> or incident to any acts,errors,omissions, or conduct by Grantee(bf.it3Jeiiiplpyyees, <br /> agents, representatives subcontractors/subconsultants) relating to this'Agreetrient` <br /> The Grantee is obligated to defend and indemnify the Grantor purSuai t•_to <br /> paragraph whether a Claim is asserted directly against the Grantor,or w}ietlrer-•if <br /> Permit Grantee Signature Page "'' <br />