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Ro�5047 P ESCa <br />The easement above mentioned is granted by Grantor and <br />accepted by Grantee upon the following terms and conditions and <br />Grantee does hereby covenant with Grantor as follows; <br />1. Grantee hereby acknowledges the title of Grantor in <br />and to the real property above described and agrees never to assail <br />or to resist said title. <br />2. Grantee agrees that the construction, reconstruction, <br />maintenance, operation, removal, and use of and all work upon or <br />in connection with said pipe line and its appurtenances shall at no <br />time and in no way whatever interfere with the operations of Grantor, <br />that the location of said pipe line of Grantee and its appurtenances, <br />the construction, reconstruction, maintenance, removal, and operation <br />thereof and all work in connection therewith, shall be done and made <br />under the supervision and to the satisfaction of Grantor, and that <br />the construction, reconstruction, maintenance, operation and use of <br />the facilities or structures of Grantor, present or future, upon said <br />real property shall at all times be paramount to any of the rights of <br />Grantee under this indenture. <br />3. Since said pipe line will be constructed upon corpora- <br />tion yard property of Grantor, Grantee agrees at all times to keep <br />said pipe line and its appurtenances in good order and repair and to <br />prevent any leakage therefrom. If Grantee fails or neglects so to <br />keep said pipe line and its appurtenances, then Grantor without notice <br />to Grantee at Grantoris option at any time may perform the necessary <br />work at the expense of Grantee, which expense Grantee agrees to pay <br />to Grantor promptly upon demand. <br />4. Grantee agrees that said pipe line shall be constructed <br />or reconstructed in such a manner that the top thereof shall be buried <br />below the present surface of the ground at a depth satisfactory to the <br />Grantor. Grantee further agrees that in the construction or recon- <br />struction of said pipe line or its appurtenances it will not obstruct <br />or impair the flow of any watercourse or the natural drainage of sur- <br />face water on said real property or the adjacent property of Grantor, <br />but will construct, reconstruct and maintain at its expense any and <br />all culverts and other structures required to maintain such flow or <br />drainage free and unimpeded. <br />5. Grantee agrees upon the completion of any of its works <br />hereunder to restore as near as possible the surface of the ground to <br />the condition in which it was prior to the commencement of said work, <br />and to leave said real property in a clean and presentable condition <br />free from waste. <br />6. Nothing herein contained shall be construed to prevent <br />Grantor, its successors or assigns, from using said real property for <br />any and all purposes, provided, however, that such use shall not <br />prevent Grantee from constructing, reconstructing, maintaining, oper- <br />ating and using its said pipe line and its appurtenances. <br />7. Grantee agrees to indemnify and save harmless Grantor <br />from and against any and all loss, damage, liability, expense, claims <br />or demands of whatever character, direct or consequential, directly <br />or indirectly contributed to or caused by the construction, recon- <br />struction, maintenance, operation or use of said pipe line or any of <br />its appurtenances. <br />-2- <br />