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Grantee shall provide any safeguards and conduct its activities on Grantor's property <br /> as may be communicated to Grantee by the Grantor for the purpose of protecting the <br /> Grantor's property, preventing hazardous conditions and interruptions to any of the <br /> Grantor's facilities, operations, and utilities. In the event of any conflict between the <br /> public works permit conditions or the conditions of this agreement, the more <br /> restrictive shall apply. <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 24 hours advance 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 <br /> activities with those of Grantors if deemed necessary by Grantor to minimize <br /> conflicts, insure protection to each parties facilities, prevent hazardous conditions, or <br /> minimize interruption of Grantor's operations. Provided, however that in the event of <br /> an emergency requiring immediate action by Grantee for the protection of its <br /> improvements or other persons or property, Grantee may take such action upon notice <br /> to Grantor as is reasonable under the circumstances. <br /> 4. Damages: <br /> Any property of the Grantor damaged or destroyed by the Grantee incident to the <br /> exercise of the privileges herein granted shall be promptly repaired or replaced by the <br /> Grantee to the satisfaction of the Grantor. If so deemed by the Grantor, the Grantee <br /> shall promptly pay to the Grantor the cost of any reconstruction, replacement, repair, <br /> alteration or restoration or any other changes or repairs to Grantors facilities which <br /> the Grantor shall reasonably deem necessary by reason of the construction, use and <br /> maintenance of the improvements on the Grantors property. For the purpose of this <br /> paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor <br /> and service including overhead, in accordance with charges for transportation of <br /> workers,material, and equipment, storage expense of material and rental equipment. <br /> 5. No Warranty: <br /> Grantor does not warrant its ownership of its property nor its right to convey and <br /> grant the rights and privileges herein provided and shall not be liable for defects <br /> thereto or failure thereof Grantee is responsible for obtaining any third party <br /> property rights necessary for Grantee's use of the easement area. <br /> 6. Non-Exclusive: <br /> This easement shall not be deemed an exclusive one nor shall the Grantor be <br /> prohibited from granting permission to others to occupy portions of the easement <br /> where such uses are not inconsistent with the easement granted to the Grantee. <br /> 2 <br />