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The Grantor shall have the right to use the above - described property for purposes not inconsistent <br />with Grantee's full enjoyment of the rights hereby granted, provided that the Grantor shall not erect or <br />construct any building or other structure thereon; maintain or permit any underground or over ground system <br />of piping, poles or wiring within such property; make any use of the facilities installed, buried, erected, or <br />constructed thereon, without the express written permission of the Grantee. <br />Notwithstanding the foregoing or anything else contained herein, Grantor and Grantee, for <br />themselves and their respective successors and assigns, agree to the following: <br />(a) Grantor, its successors and assigns, shall be entitled to review and reasonable approval of any <br />and all improvements to be constructed on or within that real property owned in fee by Grantor, its <br />successor and assigns; <br />(b) Except for such approved improvements to be located within the Greenway, Grantee, its <br />successors and assigns, shall be solely responsible for restoring Grantor's real property to its <br />condition prior to Grantee's entry upon Grantor's real property; and <br />(c) Grantee, its successors and assigns, shall indemnify, defend and hold harmless Grantor, its <br />successors and assigns, from and against any and all cost, expense and /or liability which results <br />from or arises out of any action or omission to act on the part of Grantee, its employees, agents, <br />contractors, subcontractors, licensees or invitees on the real property owned in fee by Grantor, <br />including without limitation the Greenway area, except to the extent that such cost, expense <br />and /or liability results from or arises out of the intentional or willful misconduct of Grantor, its <br />employees, agents, contractors, subcontractors, licensees or invitees. <br />Futhermore, and notwithstanding anything else contained herein, in no event shall Grantee, its <br />successors and assigns, be entitled to install utility facilities that serve any real property other than Grantor's <br />parcel from this easement is conveyed (i.e., no trunk facilities). <br />12 <br />Attachment number 1 <br />F -2 Page 91 <br />