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HomeMy WebLinkAbout0200 Page 2 ~ r RIGHT-OF-WAY AGREEMENT 1. The Grantee agrees that no building, structure or . obstruction shall be constructed or located on said right-of- . way except for-those structures specifica,l.ly mentioned in the Right-of-Way Agreement without the written consent of the Grantor. 2. The Grantee hereby assumes tfie 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, employ.ees, 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, judgmehts, expenses, costs and.charges of every kind and nature, both legal and other wise, aris'ing 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, whethen the same arise under common law or workmen's compensation law (in effect locally) or otherwise. If any such claim or deraand is made against the Grantor, . any payment due or thereafter to become due the Grantee shall be -held to covsr such loss and expense including a rQasonable attorney's~ fee. The Grantee further expressly agrees to defend any claims, losses, suits whether or not justified or unjustified, 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, build- ing, exercise of.the right of ingress and egress over~the right- ; of-way and/or over adjoining lands of the Grantor performed hy 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 including but not limited•to reasonable ~ . attorney's fees, settlement monies, verdicts and judgments and ; damages, both compensatory and exemplary.~ ~ ~ - E ~ ~ ~ ~ ~ rj ~ . . ~ titC ~ . ~ • ~ U l~eC . _ ,~V~. pRDED ~ . ~-,f• r ~ 1 f'~ ` `N ~ ~9 ~,4 ~1641.. . ~ ~3 ~ I~ , y8 ~ f`I r; ~ ; _ i ' F ~ rt . ~ ~ ' ~ s B00!( W~ PACE 2OO ! ~ ! ~ ~ ~ ~ p"%r' _ nv'.~~~ .'~n ~e:`'"Jy~ ,+E._." • ~ 'i _ h a _ A . .