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hereto and incorporated herein ("Temporary Construction Easement Area") for the <br />purpose of performing the rights granted above. The foregoing temporary construction <br />easement shall terminate when Grantee's construction and installation of the roadway and <br />right of way facilities have been installed and Grantee has restored the Temporary <br />Construction Easement Area to its original condition in accordance with the provisions <br />set forth herein. <br />2. Maintenance and Re air Obli ations. <br />a. Grantee shall be solely responsible for the maintenance, repair and <br />replacement of any of its facilities located on Grantee's Property. Except as otherwise <br />provided herein, Grantor shall be solely responsible for the maintenance, repair and <br />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 (3Q) 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 connected <br />with the acts or omissions of the parties, their respective employees, agents, tenants, <br />invitees, licensees or contractors in their use of the facilities located within Grantor's <br />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 cendition, Grantor may elect to <br />undertake such restoration and the cost of such restoration shall be the sole responsibility <br />of Grantee. <br />6. 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 declazed invalid by a legal authority of competent jurisdiction, the other provisions of <br />this Agreement shall remain in full force and effect. <br />WCSR 4t24676v1 <br />2 <br />Attachment number 7 <br />F-3 202 <br />