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<br /> Form Approved by VP-Law
<br /> appurtenances and other facilities or structures of like character(collectively, "Lines")
<br /> upon, over, under or across the Premises;
<br /> (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
<br /> • relocate any tracks or additional facilities or structures upon, over, under or across the
<br /> Premises; and
<br /> (c) to use the Premises in any manner as the Grantor in its sole discretion deems
<br /> appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
<br /> interference with the use of the Premises by Grantee for the Easement Purpose.
<br /> Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of
<br /> this Easement Agreement, shall be perpetual. [If this is a temporary easement_replace the preceding
<br /> sentence with the following: The term of this Easement, unless sooner termin"t f"'n"�er provisions of this
<br /> Easement Agreement, shall expire on the date that is after the
<br /> Effective Date.] t� � �`. ..
<br /> f r
<br /> Section 3 . No Warranty of Any Conditions of the Premises. Gin ee ac owtedges t a Grantor has
<br /> made no representation whatsoever to Grantee concerning the state oY`"torlditiorq of-th-, premises, or any
<br /> personal property located thereon, or the nature or extent of G1-ann-tor(ownedship inter in the Premises.
<br /> Grantee has not relied on anystatement or declaration of G a tor;-or ti or"i sting, as an inducement to
<br /> entering into this Easement Agreement, other than as set forth herein. GRANTOHEREBY DISCLAIMS ANY
<br /> REPRESENTATION OR WARRANTY, WHETHER EXPRS` OR IMPIlI ICED, AS'i'TO THE DESIGN OR
<br /> CONDITION OF ANY PROPERTY PRESENT ON. OR .,CONSTITUT NG THE PREMISES, ITS
<br /> MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PU"OSE, T E'QUALITY OF THE MATERIAL
<br /> OR WORKMANSHIP OF ANY SUCH PROPERTY O i CON ;ORMITT F ANY SUCH PROPERTY TO
<br /> ITS INTENDED USES. GRANTOR SHALL NOT B-( TRESP® RBI__ ; ."ANTEE OR ANY OF GRANTEE'S
<br /> RELY'T
<br /> CONTRACTORS FOR ANY DAMAGES RE TO T D�ESIG4 CONDITION, QUALITY, SAFETY,-
<br /> MERCHANTABILITY OR FITNESS FOR A PART G`ULAR P R,�POSE OFNY PROPERTY PRESENT ON
<br /> OR CONSTITUTING THE PREMISES \ TH •CO FORMIT' OF ANY SUCH PROPERTY TO ITS
<br /> INTENDED USES. GRANTEE ACCEPTS A. RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT
<br /> IN THE PREMISES IN AN "AS IS, WHER .IS�AND " ITLL FAULTS" CONDITION, AND SUBJECT TO
<br /> ALL LIMITATIONS ON GRANTORS RIGHTSi, IIIIERESTS•AND TITLE TO THE PREMISES. Grantee has
<br /> inspected or will inspect the Premises, �n\d�enterp o Grantor's rail corridor and property with knowledge of its
<br /> physical condition and the d tiger iniarient�m Grar. is rail operations on or near the Premises. Grantee
<br /> acknowledges that_this Easement Ag r-_e��e•�nt``,`does no{contain any implied warranties that Grantee or Grantee's
<br /> tat. s.�._, /ma's- �.2 "^•.
<br /> Contractors (as hereip fter def `ed)• "• successully construct or operate the Improvements.
<br /> Section 4 Nature of-Grantor's.interest/in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
<br /> TO THE 115REMISE,S<NOR_UNDERTAI.E%TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR
<br /> • USE THERE OFJNCQOVENkNT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by
<br /> anyone owning000r claiming title 'o or any interest in the Premises, or by the abandonment by Grantor of the
<br /> affected rail corridor, Grantor s aIThnot be liable to refund Grantee any compensation paid hereunder.
<br /> Section 5 Imp emen s. Grantee shall take, in a timely manner, all actions necessary and proper to the
<br /> lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as
<br /> may be necessary to obtain any required permits, approvals or authorizations from applicable governmental
<br /> authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
<br /> or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will
<br /> provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such
<br /> fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of
<br /> the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve
<br /> such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing
<br /> drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate
<br /> sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and
<br /> workmanship equally as good as those now existing. In the event any construction, repair, maintenance,work or
<br /> other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities
<br /> Form 105; Rev. 06/01/05
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