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for Pubs Ic. �J�rks <br />PPFP <br />TEMPORARY CONSTRUCTION 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 temporary and non-exclusive easement <br />over, under and across the property owned by Grantor and situated in St. Joseph County, Indiana, <br />described on Exhibit A hereto ("Easement Area"), with the right, privilege and authority in <br />Grantee to use the Easement Area for construction activities related to the installation of a <br />water main pipeline. <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 for construction <br />activities related to the installation of a water main pipeline on adjacent property. <br />2. Grantee covenants that in the use of the Easement Area, it will restore the area <br />disturbed by its work to substantially the same condition as existed before the area was <br />disturbed by the Grantee. <br />3. 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 />4. The easement granted herein is temporary and shall automatically terminate upon <br />Grantee's completion of installation of the water main pipeline. <br />IN WITNESS WHEREOF, Grantor and Grantee have caused this Temporary Construction <br />Easement to be executed this 1 cZ -y- day of S 2003. <br />GRANTOR: <br />The Trustees of Indiana University <br />f� <br />By: / <br />GRANTEE: <br />City of South Bend <br />Printed: > > <br />Board of Public WorLs <br />Title: <br />m re <br />m <br />zsn-3 <br />a <br />0 <br />0C <br />� <br />N <br />.t, <br />