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~ RIGHT-OF-WAY AGREEMENT
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1. The Grantee agrees that no building, structure or ~ ~
obstruction shall be constructed or located on said right-of- "
way except for those structurzs specifically mentioned in the t
• Right-of-Way Agreement without the wriften consent of the Grantor. ~ 4
2. -The Grantee hereby assumes the entire liability for any
and all damages or injury (including death) of any kind or nature
whatever to all persons, whether employees or otherwise, and all
~property arising out of or in any way connected with any operations,
• work, construction, maintenance building, exercise of the right
of ingress and egress over the right-of-way and/or over adjoining- :
lands of the Grantor performed by~the Grantee, its officers, . ?
agents, employees, servants, assigns~ successors, etc. and the
Grantee expressly and specifically agrees to indemnify and hold
harmiess the Crantor from any arid all claims, losses, suits,
damages, judgments, expenses, costs and charges of every kind
and nature, both legal and other wise, arising out of or in any
~way connected wifiti the operations, work, construction, mainten- ~
ance, building,~exercise of the right of ingress and egr~ss over g
the right-of-way and/or over adjoining-lands of the Grantcsr . f
performed b}~ the Grantee hereunder, whether the same arise under. '
common law or workmen's compensation law (in effect locally) or
otherwise. If any such claim or demand is made against the Grantor,
~ any payment due or thereafter to become due the Grantee shall be =
held to cover such loss and expense including a reasonable attorney's ~
fee. The Grantee further expressly agrees to defend any claims, .
losses, suits whether or not justified or unjustified, false,
frautlulent or groundless made by any person, persons, firms, corpo- ~
rations or governments due to or arising out or in any w~y con-
nected with the operations, work, construction, maintenance, build-
ing, exercise of the right of ingress and egress over the right- ~
~of-way and/or over adjoining lands of the Grar~tor performsd by the ~
Grantee hereunder. The Grantee agrees that the obligation of
' defense includes the payment of any and all costs and/or expenses
of any kind and nature iricluding but not limited to reasonable
attorney's fees, settlement monies, verdicts and judgments and
damages, both compensatory and exemplary.
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f _ 431639
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Boo~ 302 PA~f 194
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