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the municipal purposes and activities or any other uses as determined by the Grantor, and <br /> shall at all times conduct its activities on the easement area so as not to interfere with, <br /> obstruct or endanger the Grantor's operations, facilities or utilities. Grantee shall install the <br /> improvements and conduct any other activity on Grantor's property as may be <br /> communicated to Grantee by the Grantor for the purpose of protecting the Grantor's <br /> facilities, preventing hazardous conditions and interruptions to the Grantor's facilities, <br /> operations and utilities. <br /> Grantee shall, at its expense, conform to all applicable laws, regulations, permits or <br /> requirements of any public authority affecting the easement area and the use thereof. <br /> Upon request, Grantee shall supply Grantor with copies of permits or orders. <br /> 3. Coordination of Activities: <br /> Grantee shall give at least 15 days advanced written notice of the proposed dates of its <br /> construction activities on Grantor's property to Grantor at the address in Section 15. <br /> Grantee shall cooperate in the revision of such dates and/or the coordination of its activities <br /> with those of Grantors if deemed necessary by Grantor to minimize conflicts, insure <br /> protection to each parties facilities, prevent hazardous conditions, or minimize interruption <br /> of Grantor's operations. Provided, however that in the event of an emergency requiring <br /> immediate action by Grantee for the protection of its improvements or other persons or <br /> property, Grantee may take such action upon notice to Grantor as is reasonable under the <br /> circumstances. <br /> 4. Damages: <br /> Any property of the Grantor damaged or destroyed by the Grantee incident to the exercise <br /> of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the <br /> satisfaction of the Grantor. If so deemed by the Grantor, the Grantee shall promptly pay to <br /> the Grantor the cost of any reconstruction, replacement, repair, alteration or restoration or <br /> any other changes or repairs to Grantors facilities which the Grantor shall reasonably deem <br /> necessary by reason of the construction, use and maintenance of the improvements on the <br /> Grantors property. For the purpose of this paragraph, "cost" shall be defined as all direct or <br /> assignable costs of materials, labor and service including overhead, in accordance with <br /> charges for transportation of workers, material, and equipment, storage expense of <br /> material and rental equipment. <br /> 5. No Warranty: <br /> Grantor does not warrant its title and ownership of said easement nor its right to convey <br /> and grant the rights and privileges herein provided and shall not be liable for defects thereto <br /> or failure thereof. <br /> 6. Non-Exclusive: <br /> This easement shall not be deemed an exclusive one nor shall the Grantor be prohibited <br /> from granting permission to others to occupy portions of the easement where such uses are <br /> not inconsistent with the easement granted to the Grantee. <br /> The Grantor reserves the right to use said easement for purposes which will not interfere <br /> with the Grantee's full enjoyment of the rights herein conveyed. <br /> 2 <br />