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McCormick ROE For Construction Agreement
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<br />with or required for the Work and activities contemplated under this Agreement. Grantee shall
<br />comply with all applicable laws, rules and regulations in conducting the Work and
<br />activities on the Property. Grantee shall also be solely responsible to ensure that all aspects
<br />of the Work fully comply with all laws and requirements that are or may become
<br />applicable.
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<br />4. Grantee shall repair any damage to the Property, including all lands, road,
<br />property, buildings or fences, which may result from the Work and from any and all
<br />damage due to negligence of their employees, contractors, or agents.
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<br />5. All labor provided and materials furnished in performing the Work, shall be at
<br />Grantee's sole cost and expense. Grantee shall keep the Property fully protected against
<br />liens of any kind arising out of or connected to Grantee's Work on or contamination of the
<br />Property. In the event that a lien is placed on the Property as a result of Grantee's activities
<br />or presence on the Property, Grantee shall immediately notify Grantor of such lien.
<br />Grantee shall also take action, at Grantee's sole cost and expense, to have any such liens
<br />promptly removed from the Property and shall provide Grantor with written evidence of
<br />such lien having been removed. This paragraph does not apply to any lien or other security
<br />interest on any improvements or personal property on the Property that is owned by the
<br />Grantee that arise as a result of the Work.
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<br />6. Grantee shall comply with all governmental statutes, ordinances,
<br />regulations, orders and directives concerning public health, safety or the environment
<br />("Environmental Laws") applicable to its activities within, on and along the Property.
<br />If, as a result of any activities by the Grantee, there is any release of a pollutant,
<br />contaminant or Hazardous Substance, the Grantee shall promptly, at its sole cost and
<br />expense, take all steps necessary to contain the release and restore the affected areas to
<br />being in compliance with all applicable local, state and federal Environmental Laws.
<br />Grantee shall provide to Grantor copies of any and all correspondence, notices, etc.,
<br />prepared by or received by Grantee under Environmental Laws, associated with its
<br />Work on the Property.
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<br />7. Grantee agrees and undertakes to defend, indemnify, and hold harmless the
<br />Grantor, and its respective officials, employees, agents, successors, and assigns, from and
<br />against any liability, loss, costs, damages, or expenses, including attorneys' fees, which
<br />the Grantor may suffer or incur as a result of any claims or actions which may be brought
<br />by any person or entity arising out of Grantee's use of the Right of Entry. If any action is
<br />brought against the Grantor, or its officials, employees, agents, successors, and assigns, in
<br />connection with Grantee's use of the Right of Entry, Grantee agrees to defend such action
<br />or proceeding at its own expense and to pay any judgment rendered therein.
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<br />8. Prior to performance of the Work, Grantee shall deliver to the Grantor a
<br />Certificate of insurance for commercial general liability insurance, listing the Grantor as
<br />an additional insured, which insurance shall be in an amount not less than Five Million
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