Laserfiche WebLink
QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR <br /> THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. <br /> GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S <br /> CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, <br /> QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR <br /> PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE <br /> PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED <br /> USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT <br /> AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL <br /> FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S <br /> RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will <br /> inspect the Premises, and enters upon Grantor's rail corridor and property with <br /> knowledge of its physical condition and the danger inherent in Grantor's rail operations <br /> on or near the Premises. Grantee acknowledges that this Easement Agreement does <br /> not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter <br /> defined) can successfully construct or operate the Improvements. <br /> Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT <br /> WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND <br /> GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT <br /> OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone <br /> owning or claiming title to or any interest in the Premises, or by the abandonment by <br /> Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any <br /> compensation paid hereunder. <br /> Section 5 Improvements. Grantee shall take, in a timely manner, all actions <br /> necessary and proper to the lawful establishment, construction, operation, and <br /> maintenance of the Improvements, including such actions as may be necessary to <br /> obtain any required permits, approvals or authorizations from applicable governmental <br /> authorities. Any and all cuts and fills, excavations or embankments necessary in the <br /> construction, maintenance, or future alteration of the Improvements shall be made and <br /> maintained in such manner, form and extent as will provide adequate drainage of and <br /> from the adjoining lands and premises of the Grantor; and wherever any such fill or <br /> embankment shall or may obstruct the natural and pre-existing drainage from such <br /> lands and premises of the Grantor, the Grantee shall construct and maintain such <br /> culverts or drains as may be requisite to preserve such natural and pre-existing <br /> drainage, and shall also wherever necessary, construct extensions of existing drains, <br /> culverts or ditches through or along the premises of the Grantor, such extensions to be <br /> of adequate sectional dimensions to preserve the present flowage of drainage or other <br /> waters, and of materials and workmanship equally as good as those now existing. In the <br /> event any construction, repair, maintenance, work or other use of the Premises by <br /> Grantee will affect any Lines, fences, buildings, improvements or other facilities <br /> (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk <br /> to locate and make any adjustments necessary to such Other Improvements. Grantee <br /> must contact the owner(s) of the Other Improvements notifying them of any work that <br /> may damage these Other Improvements and/or interfere with their service and obtain <br /> 20 <br />