8L Consent 2010 0517 - Laserfiche WebLink

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2. Term. This Easement shall continue to be in full force and effect in perpetuity from the date of recordation of this Easement. After the installation of the sanitary sewer and appurtenances thereto, the Grantee must restore the property to its original condition and record the Easement. 3. Maintenance. Grantee shall be responsible for maintaining any sanitary sewer and appurtenances thereto, as described above, that it installs in the Easement Area in good condition and repair as reasonably determined by Grantee. Each party shall not unreasonably interfere with the rights of the other party to use this Easement Area. Each party shall be fully responsible for the repair of any damage caused by such party to the Easement Area during the course of its use by such party and shall make such repair as necessary to restore the Easement Area to its original condition upon notice of any damage. 4. Indemnity. Grantee shall indemnify, protect, and defend Grantor against and hold Grantor harmless from any and all claims, causes of action, judgments, obligations or liabilities, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys' fees), to the extent caused by Grantee, that arise out of Grantee's installation, maintenance, and/or use of Grantee's sanitary sewer equipment and appurtenances thereto described above in the Easement Area by Grantee and/or Grantee's agents, employees, contractors (and their subcontractors), and invitees (including any subtenant or assignee of Grantee); except to the extent it arises from the sole active negligence or willful misconduct of Grantor or Grantor's agents, employees, contractors (and their subcontractors), or invitees. 5. General Provisions. a. Assignment. Binding on Successors. This Easement runs with the land and shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. b. Entire Agreement. This Easement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and terminates and supersedes as of the date of recording any prior agreement(s) between the parties, written or oral, concerning the same. Any subsequent modification of this agreement shall be in writing and signed by both parties and their respective successors in interest. C. Severability. The invalidity of any of the provisions of this Easement, or any portion thereof, shall not affect the remaining portions hereof for any party hereto, and this Easement shall be construed as if such provision had not been inserted herein. d. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of California.