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#2110- Deed; GRANT OF TEMPORARY EASEMENT 110 S. Main
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#2110- Deed; GRANT OF TEMPORARY EASEMENT 110 S. Main
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for the purposes and intentions hereinabove expressed. <br />To the fullest extent permitted by law, the Grantee and any <br />contractor performing work for Grantee, shall indemnify and hold <br />harmless the Grantor from and against all claims, damages, losses <br />and expenses, including but not limited to attorneys' fees <br />arising out of or arising resulting from the performance of the <br />work, provided that such claim, damage, loss or expenses (1) <br />attributable to bodily injury or death of any person working on <br />Grantor's real estate in conjunction with the installation, <br />construction or improvement of the earth retention system or <br />other facilities incident thereto, or to injury to or destruction <br />of tangible property (be it real or personal) owned by Grantor, <br />and (2) is caused in whole or in part by any negligent act or <br />omission of the contractor, any subcontractor,, anyone directly <br />employed by any of them or anyone for whose acts any of them may <br />be liable. <br />Grantor shall require, as one of the terms of this easement, <br />that the construction manager, general contractor and all <br />subcontractors with whom Grantee has any agreement to perform <br />work on the project (hereinafter collectively referred to as <br />"Contractor") that: <br />1. Contractor names Grantor as additional insured under <br />contractor"s comprehensive general liability policy. Said <br />insurance will be to cover claims and expenses asserted for <br />bodily injury, death of any person working on Grantor's real <br />estate in conjunction with the installation, construction or <br />improvement of the earth retention system or other facilities <br />incident thereto, or by any negligent act or omission of <br />contractors, anyone directly or indirectly employed by them, or <br />anyone for whose acts any of them may be liable. <br />2. The additional insured endorsement included on policies <br />shall state that the coverage afforded the additional insured is <br />with respect to claims arising out of operations performed by or <br />on behalf of contractor, that if the additional insured have <br />other insurance which is applicable to the loss, such other <br />insurance shall be on an excess or contingent basis and that the <br />amount of contractor's liability under this insurance policy <br />shall not be reduced by the existence of such other insurance. <br />The rights granted by this indenture shall terminate upon <br />Grantee's completion of the Project. <br />Grantee shall remove existing underground fuel storage tank <br />and replace it with a temporary, above -ground tank. <br />IN WITNESS WHEREOF, said Grantor has executed this Grant of <br />Temporary Easemenc on the date shown in the acknowledgment set <br />forth herein. <br />N <br />
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