HomeMy WebLinkAbout0197 . ' I..`}.1. ' .
RIGHT-OF-WAY AGREEMENT
1. The Grantee agrees that no building, structure or
obstruction shall be constructed or lacated on said right-of-
way except for those stx~uctures specifically mentioned in the
Right-of-Way Agreement without the written consent of the Grantor.
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 an5~ operations,
• work, construc~ion, maintenance building; exercise o.f 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
harmless the Grantor from any and all claims, losses, suits,
damages, judgr.ients, expenses, costs and charges of every kind
and nature,.both legal and other wise, arising out of or in any
way connected with the operations, work, construction, mainten-
~ance, 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 hereunder, whether t2~?e same arise u~der
common law or workmen's compensation law (in effect locally) or
otherwise. If any such claim or demand is made against the Gra~tor,
any payment due or thereafter to become due the Grantee shall be
held to cover such loss and expe~se including a reasonable attorney's
fee. The-Grantee further expressly agrees to defend any claims,
losses, suits whether or not justified or unj.ustified, false,
fraudulent or groundless made by any person, persons,.firms, corpo-
rations or governments .due to or arising out or in any way con-
nected with the operations, work, construction, maintenance,.huild-
ing, exercise of the right of ingress and egress over the right-
of-way and/ar over adjoining lands of the Grantor performed by the
Grantee hereunder. The Grantee agrees that the obligation of
defense includes the payment of any and all costs andlor expenses
of any kind and nature inclt~ding but not limited to reasonable
attorney's fees, settlement monies, verdicts and judgments and
, damages, both compensatory and exemplary.
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