COM 1042.000 2018-2020 - Laserfiche WebLink

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2. Indemnification. Each Grantee will indemnify the Grantor, its tenants and licensees occupying the land affected by this Grant of Easement, from any and all damages to the property of the Grantor and such tenants and licensees caused by such Grantee's failure to maintain its lines, appliances and equipment as provided in paragraph (1) above, and will indemnify and hold harmless the Grantor, its tenants -and_ licensees__ against all claims, suits and actions by whomsoever brought on account of injuries to or death of persons or damage to property caused by such Grantee's failure to observe the covenants contained in paragraph (1) above. IT IS UNDERSTOOD AND AGREED by and between the parties hereto that: A. Condemnation. If at any time any portion of land across, through or within which this easement passes shall be condemned or taken by any governmental authority, the Grantee shall have the right to claim and recover from the condemning authority, but not from -the Grantor, such compensation for the damages to the Grantee's easement and'right of way and the appliances and equipment owned by, installed and used in connection with this Grant of Easement, which shall be payable to the Grantee, to the extent of its interest. B. Landscaping. The Grantor shall . install and maintain or cause to be installed and maintained without expense to the Grantee any screening or landscaping of the Grantee's facilities which may now or hereafter be required by law or regulation or governmental agency and will indemnify the Grantee from all loss and liability arising from the breach of this covenant. C. .Warranty of Title. The Grantors, for themselves, their heirs and assigns, covenant with the Grantee, their successors and assigns, that the Grantor are seised in fee simple of the property in which the easement is granted and have good right to grant the same; that the Grantees shall enjoy the easement without hindrance and free from all encumbrances; and that the Grantors will warrant and defend the Grantees against the lawful claims and demands of all persons claiming the whole or any part of the said land. D. Definitions. All defined terms (words such as -Grantor, Grantee, etc.) and pronouns used in the singular shall mean and include the plural and include the masculine, feminine or neuter gender, as the context of this grant shall require. The term "person" shall mean an individual, partnership, association, trust, corporation or other entity as the context may require. E. Parties in Interest. The covenants contained in this Grant of Easement shall inure to the benefit of, and be binding upon, the parties and their heirs, personal representatives, beneficiaries, successors and assigns. Each of the parties which constitute the Grantee covenants, and shall be responsible and obligated, for itself and not for the other Grantee party. F. Counterparts. The parties agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and the counterparts shall together constitute one and the same instrument, binding all parties notwithstanding that all of the parties are not signatory to the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. H2020-029.AK