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4. Maintenance. Grantee shall be responsible for maintaining any facilities that it <br /> installs in, on, underneath, or upon the Easement Area in good condition and repair. Grantees <br /> shall not unreasonably interfere with the rights of others in their use of this Easement Area. <br /> 5. Indemnity. Grantee shall indemnify, protect and defend Grantor against and hold <br /> Grantor harmless from any and all claims, causes of action, judgments, obligations or liabilities, <br /> and all reasonable expenses incurred in investigation or resisting the same (including reasonable <br /> attorneys' fees), to the extent they arise out of, the installation, maintenance, and use of the <br /> Easement Area by Grantee and/or Grantee's agents, employees, contractors (and their <br /> subcontractors,), and invitees (including any subtenant or assignee of Grantee), except to the <br /> extent it arises from the active negligence or willful misconduct of Grantor or Grantor's agents, <br /> employees, contractors (and their subcontractors) or invitees. <br /> 6. General Provisions. <br /> a. Assignment: Binding on Successors. This Easement runs with the land and shall <br /> be binding upon and inure to the benefit of the respective parties. <br /> b. Entire Agreement. This Easement constitutes the entire agreement between the <br /> parties hereto with respect to the subject matter hereof, and terminates and supersedes as of the <br /> date hereof any prior agreement(s) between the parties, written or oral, concerning the same. <br /> Any subsequent modification of this Easement shall be in writing and signed by both parties, or <br /> their respective successors in interest. <br /> c. Severability The invalidity of any of the provisions of this Easement, or any <br /> portion thereof, shall not affect the remaining portions hereof for any party hereto and this <br /> Easement shall be construed as if such provision had not been inserted herein. <br /> d. Governing Law This Easement shall be governed by and construed in accordance <br /> with the laws of the State of California. <br /> IN WITNESS WHEREOF._ Grantor and Grantee have executed this Easement as of the <br /> date and year first above written. <br /> "GRANTOR" <br /> KAISER FOUNDATION HOSPITALS, <br /> a California nonprofit public benefit corporation <br /> By.— / WL-L� ✓ Dated: /' / I <br /> - 304 1f�c GSM <br /> Print Name <br /> �I¢�LTq'L ,J 7D n��fL "4 L�3T+jm- <br /> Title <br /> 1875305.1 <br /> 1841979.2 <br /> Lny Or J an LeanUl0, O» LUSL i., JUOGI, i.ny nail, <br /> San Leandro, CA 94577 <br />