Bureau of Indian Affairs ROW Application - Additional Utility Easement – US Dept. of Interior Bureau of IN Affairs

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(xi) Refrain from interfering with the landowner’s use of the land, provided that the landowner’s use of the land is not inconsistent with the right-of-way; (xii) Comply with the following due diligence requirements: a certificate of completion is required for BIA audit purposes; (xiii) Notify the BIA, and the Pokagon Band for tribal land, if it files for bankruptcy or is placed in receivership. F. Unless GRANTEE would be prohibited by law from doing so, GRANTEE must also: (i) Hold the United States and the Indian landowners harmless from any loss, liability, or damages resulting from the applicant’s use or occupation of the premises; and (ii) Indemnify the United States and the Indian landowners against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials, or release or discharge of any hazardous material from the premises that occurs during the term of the grant, regardless of fault, with the exception that the applicant is not required to indemnify the Indian landowners for liability or cost arising from the Indian landowners’ negligence or willful misconduct. 7. ENCROACHMENT (25 CFR 169.128). The Grantee may not unreasonably withhold its consent for a new right-of-way within its existing right-of-way that does not interfere with the use or purpose of its right-of-way. 8. PERMANENT IMPROVEMENTS (25 CFR 169.130). The City of South Bend shall be the owner of any permanent improvements constructed during the term of the Grant and said permanent improvements, appurtenances, fixtures and equipment placed within the right-of-way shall be removed or an option for landowner to take possession of and title to the permanent improvements or as otherwise negotiated. 9. AMENDMENT. This grant may not be amended except as provided in 25 CFR 169.204 - 169.206. 10. ASSIGNMENT (25 CFR 169.207). This grant may not be assigned without__ applicable consent and BIA approval and within 30 days, a copy of the assignment and supporting documents will be sent to BIA for recording in the LTRO. 11. MORTGAGE (25 CFR 169.210). This grant may not be mortgaged without applicable consent of the Pokagon Band and BIA approval and within 30 days, a copy of the mortgage and supporting documents will be sent to BIA for recording in the LTRO. 12. EFFECTIVE DATE (25 CFR 169.301). Grant will be effective on the date it is approved. The grantee’s obligations are triggered on the effective date of the Grant. 13. REMEDIES (25 CFR 169.403). Any disputes regarding violations, abandonment, or non-use may be addressed through informal negotiation and binding arbitration before one (1) arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association as set forth in the Grant of Easement and in accordance with 25 CFR 169.403 14. BINDING EFFECT. The condition for this grant shall extend to and be binding upon and shall inure to the benefit of the successors of the GRANTEE. 15. ADDITIONAL CONDITIONS OR RESTRICTIONS. This grant incorporates by reference the conditions or restrictions set out in GRANTOR’s consents, attached hereto.