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3. Notice. In order to become a Grantee under this Easement, the proposed Grantee; <br />(i) inust be a public utility provider of electricity, gas, telephone, water, cable or sewage services <br />located within the county of the Property; (ii) provide a written request to Grantor no later than <br />sixty (60) days prior to its requested use of the Easement; and (iii) file a notice in the real <br />property records of the county in which the Property is located agreeing to be bound by the terms <br />and conditions of this Easement. <br />q. Maintenance. Grantee shall be responsible for maintaining any lines that it <br />installs in the Easement Area in good condition and repair. Grantee shall not unreasonably <br />interfere with the right of others in their use of this Fassement 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 <br />and shall be binding upon and inure to the benefit of the respective parties. <br />b. Entire Agreement. This Easement constitutes the entire agreement <br />between the parties hereto with respect to the subject matter hereof, and terminates and <br />supersedes as of the date hereof any prier agreement(s) between the parties, written or oral, <br />concerning the same: Any subsequent modification of this Easement shall be in writing and <br />signed by both Parties or their respective successors in interest. <br />C. Severability. The invalidity of any of the provisions of this Fasement, or <br />any 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 <br />accordance 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 />