CCP 03062023 - Laserfiche WebLink

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3.2. The easement granted herein includes the right to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation as in Grantee’s reasonable judgment unreasonably interfere with the easement or lift station facilities of Grantee, its successors or assigns. 3.3. Grantee shall be responsible for installing and maintaining a perimeter fence and protective posts or barriers to prevent vehicles from entering the Easement Area and/ordamaging the lift station facilities constructed by Grantee thereinor at Grantee’s request. Any such damage shall be repaired, and the lift station facilities shall be restored, at the sole cost and expense of Grantee. Grantor is hereby, and shall be, released from any and all claims for damage to the Easement Area or the lift station facilities located therein or thereon howsoever the damage may have been caused. 4. Warranty of Title. Grantor warrants that it is the fee owner of the Property and has the right, title, and capacity to convey to Grantee the easement herein, subject to the rights of the mortgagee holding themortgage on the Property. 5. Environmental Matters. Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area or the Property prior to the date of this Instrument. 6. Damage, Liens and Indemnity. Grantee is responsible for payment for all inspections, tests, surveys, engineering reports and any other work performed by Grantee or at Grantee’s request in, under or on the Easement Area (the “Work”), and shall pay for any damage that occurs to the Property or Easement Area as a result of such Work or as a result of the use or maintenance of the lift station facilities. Granteeshall not permit claims or liens of any kind against the Property for Work performed on the Property by Grantee or at Grantee’s request. Grantee hereby indemnifies, protects and holds Grantorharmless from and against any liability, damage, cost or expense incurred by Grantorand caused by any such Work, claim, or lien, or the use and maintenance of the lift station facilities. This indemnity includes Grantor’s right to recover all costs and expenses incurred by Grantorto defend against any such liability, damage, cost or expense, or to enforce these provisions, including Grantor’s reasonable attorney and legal fees. The provisions of this paragraphshall survive the termination of the easement. 7. Binding Effect. The terms and conditions of this Instrument shall run with the land and be binding on Grantor, its successors and assigns. 2