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Grant of Permanent Easement - Water Line Easement – University of Notre Dame du Lac
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Grant of Permanent Easement - Water Line Easement – University of Notre Dame du Lac
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4/9/2025 8:59:15 AM
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6/23/2020 2:17:18 PM
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Board of Public Works
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Contracts
Document Date
6/23/2020
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3 <br />Isle] ►1r_l1►u►[ell]6 a/_Ty:]*IL to]:]; t•]:aI*W <br />SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. <br />(See Exhibit "A" for easement locations) <br />EASEMENT PROVISIONS <br />1. Construction, Use. Maintenance and Repair. <br />(a) In connection with the exercise of the Easement and the other rights granted <br />herein, Grantee shall be permitted, non -exclusively, to enter in, on, and under the <br />Grantor's real property described above (the "Property") to install, operate, inspect, <br />and repair the System, provided that Grantee's work relating to the System (including <br />any of the foregoing described activities in connection therewith) shall not be <br />performed until after Grantee has provided Grantor with written notice of such <br />proposed work. <br />(b) Grantee's construction and operation of the System shall be performed as <br />expeditiously as commercially reasonable and in accordance with good construction <br />and operational practices (including, without limitation, taking reasonable measures <br />to prohibit injury to person or damage to property). <br />(c) Grantee shall obtain all necessary permits and approvals for the construction, <br />installation, and maintenance of the System as required by applicable law. <br />(d) Subsequent to any entry on the Property pursuant to this easement, Grantee <br />shall restore the Property parcel to at least as good a condition and appearance as <br />existed prior to such entry. If Grantee does not restore the Property to such condition, <br />Grantor may do so at Grantee's expense. <br />(e) Grantee shall promptly discharge or cause to be discharged any mechanic's <br />or materialman's liens asserted against the Property. <br />2. Nature of Easements and Rights. The Easement granted herein shall be <br />appurtenant to and run with the land and shall be binding upon and shall inure <br />to the benefit of the parties hereto and their transferees, successors and <br />assigns. <br />3. Rights Reserved. Grantor shall continue to enjoy the use of the Property for <br />any purpose which does not materially interfere with or prevent Grantee's <br />use of the Property. Grantor may grant other easements along, over, across, <br />and through the Property provided that such easements do not unreasonably <br />interfere with Grantee's rights. <br />4. Indemnification. Grantee agrees to indemnify, defend and hold harmless <br />Grantor, its agents, servants, employees, trustees, officers, contractors, <br />affiliates and representatives, from any and all liability, loss, expense <br />(including without limitation reasonable attorneys' fees), damage, judgment <br />or settlement which they or any of them may suffer, sustain or incur <br />
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