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• <br />• <br />the Grantor shall be solely responsible to cure or remove any offending improvement(s) within <br />thirty (30) days of receipt of notification. If cured, the license revoked shall be reinstated under <br />the same terms and conditions for the offending improvement as altered. Grantor shall <br />indemnify and hold Grantee harmless for any claims, damages, losses, costs and expenses, <br />including reasonable attorneys' fees, resulting from Grantor's failure to cure or remove any <br />offending improvement within thirty (30) days of Grantor's receipt of the written notice of a <br />properly grounded license revocation as provided herein. <br />3. INDEMNITY AND RELEASE. To the maximum extent permissible by law, the <br />Grantor shall indemnify, defend and hold harmless the Grantee, its affiliates and their employees, <br />contractors and agents from any Claim relating to or arising from (i) any activity by or on behalf <br />of the Grantor within the Site or (ii) the existence or operation of any encroachments of the <br />Amended Pipeline Easements, together with any appurtenances thereto, on the property owned <br />by the Grantor within the Site. Further, Grantor releases Grantee from any Claim arising from <br />any act or omission of the Grantee related to the pipeline laid within the Pipeline Easements <br />amended by this Agreement from the time the pipeline was laid to the date of this instrument. <br />"Claim" includes without limit any claim, liability, loss, damage, cost or expense and includes <br />without limit such for personal injury or death, property damage, environmental damage, <br />remediation, lost business and /or profit and lost use. <br />4. WARRANTY. Grantor covenants that: (i) Grantor owns the Site in fee simple <br />absolute and has right, title and power to grant the rights granted herein; (ii) Grantee shall quietly <br />enjoy its Amended Pipeline Easements; and (iii) Grantor shall execute any further necessary <br />assurance of title and documents required to effect recording of this Easement Amendment With <br />License. Any individual signing this agreement in a representative capacity further warrants full <br />authority and power from the purported principal to fully bind the principal to all terms and <br />conditions contained herein. <br />5. EFFECT OF AGREEMENT. This Agreement shall be effective upon <br />recording and shall survive the termination of any license granted above. This Agreement shall <br />run with the land and bind and benefit the parties' respective heirs, legal representatives, <br />successors and assigns. The easement and license rights granted and obligations incurred <br />hereunder are divisible and assignable in whole or part, and shall follow the underlying property. <br />Any violation of the rights or obligations set forth in this Agreement regarding one parcel of the <br />Site shall not effect the rights or obligations with respect to another parcel of the Site. This <br />Agreement's terms shall be independent of, and unless otherwise expressly stated, survive <br />execution of any further agreements. If any provision of this Agreement is deemed void, invalid, <br />or unenforceable by a court or tribunal of competent jurisdiction, such provisions shall be <br />stricken without effect on the remaining provisions. No failure or delay in exercising any right, <br />power, or privilege hereunder shall operate as a waiver thereof or preclude the exercise of any <br />other right, power, or privilege hereunder. This Agreement shall be construed and interpreted <br />according to the laws of the State of Indiana. <br />(the remainder of the page is intentionally left blank) <br />Page 3 of 5 <br />