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PERPETUAL WATER MAIN EASEMENT <br />THIS INDENTURE WITNESSETH, that The Trustees of Indiana University <br />("Grantor") for and in consideration of the sum of One Dollar ($1.00) and other good and valuable <br />consideration, receipt of which is hereby acknowledged, do hereby grant, subject to all highways, <br />rights -of -way, easements and other restrictions of record, to the City of South Bend <br />("Grantee"), its grantees, successors and assigns, a perpetual non-exclusive easement over, <br />under and across that property owned by Grantor and situated in St. Joseph County, Indiana, <br />described on Exhibits A and B, attached hereto and incorporated herein by reference <br />("Easement Area"), with the right, privilege and authority in Grantee to install, operate, <br />maintain, and repair a water main pipeline in the Easement Area. <br />This grant of easement shall be subject to the following terms and provisions: <br />1. Grantee, its employees and agents shall have the right of ingress and egress over, <br />under and across the Easement Area with equipment and materials as necessary from time to time <br />for the installation, operation, maintenance and repair of a water main pipeline located within the <br />Easement Area; and to do all acts and things requisite and necessary for the full enjoyment of <br />the easement granted herein. <br />2. Grantor hereby reserves unto itself, its successors and assigns, the use and <br />enjoyment of the Easement Area insofar as such use is not inconsistent with the Grantee's use <br />hereunder. Grantor covenants; however, that it will not erect or maintain any building or other <br />permanent structure on or over Grantee's water pipeline within the Easement Area. <br />3. Grantee covenants that in the installation, operation, maintenance or repair of its <br />water pipeline and use of the Easement Area, it will restore the area disturbed by its work to <br />substantially the same condition as existed before the area was disturbed by the Grantee. <br />4. The Grantee agrees to indemnify and hold the Grantor harmless from and against <br />any and all liabilities, losses, claims, damages, penalties, fines, costs and expenses, including <br />reasonable attorney's fees, and for any and all injury to persons or damage to property, which <br />arise from or out of a breach of its respective covenants and obligations hereunder, or from <br />Grantee's negligence or willful acts or ommissions, except to the extent caused by the willful <br />acts or omissions of the Grantor. <br />5. The covenants contained herein shall run with the land and shall inure to the benefit of and <br />be binding upon the successors and assigns of the parties hereto. <br />[T] C7 U] L+ <br />razz <br />MC)a <br />U� O <br />ip z a <br />B <br />