Utility Easement - Authorizing Permanent Utility Easement - University of Notre Dame

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4 3. Rjnhts Reserved. Grantor shall continue to enjoy the use of the Property for any purpose which does not materially interfere with or prevent Grantee's use of the Property. Grantor may grant other easements along, over, across, and through the Property provided that such easements do not unreasonably interfere with Grantee's rights. 4. Indernnification. Grantee agrees to indemnify, defend and hold harmless Grantor, its agents, servants, employees, trustees, officers, contractors, affiliates and representatives, from any and all liability, loss, expense (including without limitation reasonable attorneys' fees), damage, judgment or settlement which they or any of them may suffer, sustain or incur as a result of any third party claims or demands asserted against or incurred by or on behalf of Grantor, whether arising out of, occurring during, or resulting from entry by such Grantee and its employees, representatives, agents and contractors, onto the Property and the performance by Grantee of any of the activities permitted pursuant to this Easement, with the sole exception of any such liability, loss, expense, damage, judgment or settlement which is the result of or arises out of the sole negligence of Grantor. 5. Attorneys' Fees. In the event of any controversy, claim or dispute relating to this Easement, the prevailing party in a non -appealable judicial resolution of such controversy, claim or dispute shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs. The easements granted herein shall pertain to the air, surface and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out the general purpose of this conveyance as the same has hereinabove been expressed. The easements hereby granted are for the exclusive benefit of the Grantee and expressly includes the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or other obstructions interfering with City Utilities: Water Main, Sewer Main, and Municipal Utility lines (The System). The Grantor reserves the right to use and occupy the surface area on and over the easements provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions hereinabove expressed. The easements granted herein and the associated benefits and obligation, shall constitute a covenant running with the real estate and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate.