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Deed - Fairway Dr at Miller St - File D-1423, 2012 1009
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Deed - Fairway Dr at Miller St - File D-1423, 2012 1009
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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 />L � <br />Signature <br />T Print Name <br />Title <br />1875305.1 <br />1941979.2 <br />Dated: _ / � '12 <br />
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