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<br />PARCEL 4: <br /> <br />The westerly 10.00 feet of Lot 3, Block 2, Gateway Business Park, according to <br />the recorded plat thereof, Ramsey County, Minnesota. <br /> <br />By execution of the Acceptance of Easement attached as Exhibit A hereto, Grantee <br />covenants and agrees that: <br /> <br />1. The Easement does hereby include the perpetual rights and impose the <br />perpetual obligations on Grantee to maintain, operate, repair and replace the water <br />main, stonn sewer and sanitary sewer utilities, pipes and appurtenances within the <br />Easement Parcel and any other utilities, pipes or appurtenances owned by the City <br />within the Easement Parcel. <br /> <br />2. Grantee shall exercise due care and diligence to avoid injury or damage <br />to any person or to any improvements or personal property of Grantor, its successors <br />and assigns. In addition, Grantee does hereby covenant and agree to indemnify and <br />hold hannless Grantor, its successors and assigns, from any damage or loss arising or <br />occurring as a result of the water main, stann sewer and sanitary sewer utilities, pipes <br />and appurtenances within the Easement Parcel and any other utilities, pipes or <br />appurtenances owned by the City within the Easement Parcel, including damage to <br />persons or property; provided however, that Grantee shall have no liability to the extent <br />of negligence or other fault of Grantor, its successors and assigns. <br /> <br />3. The Easement is granted' subject to all existing easements, <br />encumbrances, covenants and restrictions affecting the above described parcel and <br />Grantor makes no representations or warranties with respect to the above described <br />parcel. <br /> <br />4. The Easement shall be non-exclusive. Grantor may hereafter grant <br />additional easements across the Easement Parcel, provided that no such additional <br />easement or easement holder shall interfere with Grantee I s use of the Easement unless <br />Grantee consents' to such interference in writing. <br /> <br />TO HA VE AND TO HOLD THE SAME, together with all the hereditaments and <br />appurtenances thereunto belonging, or in anywise appertaining, to Grantee, its <br />successors and assigns, forever. <br /> <br />224115.2 <br /> <br />2 <br />