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r <br />or appurtenances thereto at the Site. Owner releases Company from any Claim relating to or <br />arising from any act or omission of Company at the Site from the time the pipeline was laid <br />to the date of this instrument. "Claim" includes without limit any claim, liability, loss, <br />damage, cost or expense and includes without limit such for personal injury or death, <br />property damage, environmental damage, remediation, and business loss. If any party to this <br />Agreement fails to keep any term of this Agreement, the offending party shall pay the <br />aggrieved party's costs and reasonable attorneys' fees in enforcing performance. Before any <br />work by or on behalf of Owner within 50 feet of any pipeline laid pursuant to the Pipeline <br />Easements, Owner shall provide, maintain and deliver to Company insurance acceptable to <br />Company which, except for workers' compensation and contractual liability, name Company <br />as an additional insured. <br />5. WARRANTY. Owner covenants that: (i) Owner owns the Site in fee simple absolute <br />and has right, title and power to grant the rights granted herein; (ii) Company shall quietly <br />enjoy its Pipeline Easements; and (iii) Owner shall execute any further necessary assurance <br />of title. Any individual signing this agreement in a representative capacity further warrants <br />full authority and power from the purported principal to fully bind the principal to all terms <br />and conditions contained herein. <br />6. EFFECT OF AGREEMENT. This Agreement touches and runs with the land and <br />shall bind and benefit the parties' heirs, legal representatives, successors and assigns. If any <br />provision of this agreement is deemed void, invalid, or unenforceable by a court or tribunal <br />of competent jurisdiction, such provisions shall be stricken without effect on the remaining <br />provisions. No failure or delay in exercising any right, power, or privilege hereunder shall <br />operate as a waiver thereof or preclude the exercise of any other right, power, or privilege <br />hereunder. This Agreement shall be construed and interpreted according to the laws of the <br />State of Indiana. <br />IN WITNESS WHEREOF, Owner and Company have each duly caused this <br />Development Agreement to be executed as of the day and year first above written, and each <br />Developer has acknowledged said Agreement and agreed to be bound by its terms. <br />(the remainder of the page is intentionally left blank) <br />Page 3 of 8 <br />