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<br />reasonably practicable, and any trees removed in connection with Grantee’s activities
<br />shall be replaced, at Grantee’s sole cost and expense, with trees of similar type and
<br />size, and in accordance with City standards. Such restoration shall be completed
<br />within a reasonable time following written notice from Grantor. If Grantee fails to
<br />timely restore the affected area, Grantor may perform such restoration, and Grantee
<br />shall reimburse Grantor for all reasonable costs incurred. For purposes of this
<br />provision, normal wear and tear shall not be considered “damage” to the Easement
<br />Area.
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<br />4. Relocation. While the Easement Area is owned by Grantor, to accommodate public
<br />projects, redevelopment, utilities, or other governmental purposes, Grantor may
<br />require Grantee to relocate or remove its facilities. Upon such request, and at
<br />Grantee’s sole cost and expense, Grantee shall relocate or remove its facilities
<br />relating to the Grantee’s installed fiber optic cable upon at least thirty (30) days’
<br />prior written notice from Grantor, or within such other time period as may be
<br />mutually agreed by Grantor and Grantee (or sooner as reasonably required to protect
<br />public health, safety, or infrastructure). Failure of Grantee to timely comply shall
<br />constitute a material breach of this Agreement. The rights granted to Grantor under
<br />this Section are personal to Grantor and shall not run with the land or be assignable
<br />to any successor owner of the Easement Area.
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<br />5. Ownership. The Grantor represents and warrants that it is lawfully seized of the
<br />Easement Area, that it has full right and power to grant the easement contained
<br />herein, and that the Easement Area is free from all encumbrances, except any matters
<br />of record, including existing easements. This Agreement grants only a limited use
<br />right, not a lease or ownership interest.
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<br />6. Hazardous Materials. The Grantee shall not cause or knowingly permit any
<br />hazardous material to be brought or remain upon, kept, used, discharged, leaked, or
<br />emitted upon the Easement Area.
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<br />7. Indemnification. Each Party (the "Indemnifying Party") shall indemnify, defend, and
<br />hold harmless the other Party, its departments, boards, officers, members, agents,
<br />directors, managers, employees, successors, and assigns (collectively, the
<br />“Indemnified Party”) from and against any and all claims, damages, losses,
<br />liabilities, and expenses (including reasonable attorneys' fees) to the extent arising
<br />out of or resulting from the negligence, recklessness, or willful misconduct of the
<br />Indemnifying Party, its officers, employees, agents, contractors, or representatives in
<br />connection with this Agreement or activities within the Easement Area. Nothing
<br />herein shall be construed as a waiver of any governmental immunity or limitation of
<br />liability available to Grantor under Indiana law.
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<br />8. Reservation of Rights. Grantor reserves for itself the free use of the Property and
<br />Easement Area, in any manner not inconsistent with the terms of this Agreement.
<br />The Grantor reserves the right to grant additional easements to other entities.
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