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2. Maintenance and Repair Obligation . <br />a. Grantee shall be solely responsible for the maintenance, repair and <br />replacement of any of its facilities located on any property owned by Grantor. Except as <br />otherwise provided herein, Grantor shall be solely responsible for the maintenance, repair <br />and replacement of any of its facilities located on Grantor's Property. <br />b. Notwithstanding anything else contained herein, in the event that a party <br />hereto, by reason of the negligence or willful actions of itself, its employees, agents, <br />contractors, or sub - contractors, shall cause material damage to Grantee's facilities solely <br />for use by the other party, then such party causing such damage shall be solely <br />responsible for any and all actual and reasonable costs associated with repairing and/or <br />replacing such facilities. In such instance, the aggrieved party shall be entitled to, upon <br />completion of any necessary repair or replacement, provide the aggrieving party with an <br />invoice detailing the work performed and the cost thereof. The aggrieving party shall <br />reimburse the aggrieved party within thirty (30) days of its receipt of such invoice. <br />3. Each of the parties hereto shall protect, defend and hold harmless each of <br />the other from any liability, loss, costs, damages, expenses, fees, liabilities and/or suits or <br />other actions whatsoever (collectively, "Damages ") arising out of or in any way <br />connected with the acts or omissions of the parties, their respective employees, agents, <br />tenants, invitees, licensees or contractors in their use of the facilities located within <br />Grantor's Property as contemplated herein. <br />4. Upon completion of any installation, maintenance, repair or replacement <br />work as provided for herein, Grantee shall, at its own expense, restore the surface of the <br />affected area to its condition prior to such work being performed. In the event that <br />Grantee fails to restore the affected area to such condition, Grantor may elect to <br />undertake such restoration and the cost of such restoration shall be the sole responsibility <br />of Grantee. <br />5. Miscellaneous <br />a. No waiver of any provision of this Agreement shall be deemed to imply or <br />constitute a further waiver of that provision or any other provision. Should any provision <br />be declared invalid by a legal authority of competent jurisdiction, the other provisions of <br />this Agreement shall remain in full force and effect. <br />b. Failure of any party hereto to comply with any or all of the terms and <br />conditions of this Agreement shall not, under any circumstances, entitle any other party <br />hereto to terminate this Agreement, or any portion herein, but shall give rise to such other <br />remedies as may be provided in this Agreement or by law or equity. All rights, powers <br />and privileges incurred hereunder shall be cumulative and in addition to and not the <br />exclusion of those provided by law or equity. <br />WCSR 44127420 <br />AfteM number 1 <br />F -4 <br />