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have the right to use and have access upon the property that is subject to or located within the
<br />easement area for all purposes not inconsistent with Grantee's full enjoyment of the rights hereby
<br />granted.
<br />5. The easement, agreements, and conditions are appurtenant to and run with the land, are
<br />binding upon the heirs, administrators, executors, successors, and assigns of Grantor and upon the
<br />successors and assigns of Grantee.
<br />6. This Grant of Sewer Easement contains the entire agreement and understanding between
<br />Grantor and Grantee; there are no oral understandings, terms, or conditions, and neither Grantor nor
<br />Grantee has relied upon any representation, express or implied, not contained herein.
<br />7. For any period during which Grantee is performing construction activities relating to this
<br />easement, Grantee must maintain in effect one or more liability insurance policies of at least
<br />$1,000,000, which shall name Grantor as an additional insured. When and as required, Grantee shall
<br />provide Grantor a certificate of insurance to evidence that such required insurance is in effect. Grantee
<br />expressly assumes all responsibility for, and shall hold harmless and indemnify Grantor against, any
<br />and all liability, loss, damage, cost (including, but not limited to, reasonably incurred attorneys' fees and
<br />court costs), or expense which Grantor may suffer, incur or sustain, or for which Grantor may become
<br />liable growing out of (i) any injury to or death of persons, (ii) any loss or damage to property, and (iii)
<br />any enforcement action brought by any governmental agency having subject matter jurisdiction over
<br />alleged acts of environmental pollution, arising out of or caused by the performance any work on or
<br />any use of the easement areas by Grantee or its officers, agents, contractors or employees by virtue of
<br />the rights granted herein. Grantee shall also hold harmless and indemnify Grantor from any claims for
<br />mechanics' or materialmen's' liens by reason of any construction, repair, maintenance or
<br />replacement work performed by or for Grantee or its officers, agents, contractors or employees.
<br />The parties agree that they will execute any further documents reasonably acceptable to
<br />Grantor which may be necessary to satisfy the requirements of the City of Concord and /or Cabarrus
<br />County with regard to the later conveyance of this sewer easement to it, along the existing location of
<br />the 30 ft. permanent sewer easement shown on Exhibit "A ", as it is the intent of this document to
<br />ultimately grant to the City of Concord and /or Cabarrus County the sewer easement granted herein.
<br />TO HAVE AND TO HOLD said easements to Grantee, its successors and assigns, forever, for
<br />the uses and purposes herein described.
<br />AND the said Grantor, for itself and its heirs, administrators, executors, successors, and
<br />assigns, hereby covenants to and with the said Grantee, its successors and assigns, that it is seized of
<br />said premises in fee, that it solely has the right to grant these easements, and that it will forever defend
<br />the same against the lawful claims of all persons whomsoever.
<br />IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands and seals the
<br />day and year first above written.
<br />Cabarrus County,
<br />a body politic and political subdivision of the State
<br />of North Carolina
<br />By:_
<br />Name:
<br />Title:
<br />(SEAL)
<br />Attachment number 1 \n
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<br />G -4 Page 140
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