#2110- Deed; GRANT OF TEMPORARY EASEMENT 110 S. Main

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