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3 <br />as a result of any third party claims or demands asserted against or incurred <br />by or on behalf of Grantor, whether arising out of, occurring during, or <br />resulting from entry by such Grantee and its employees, representatives, <br />agents and contractors, onto the Property and the performance by Grantee <br />of any of the activities permitted pursuant to this Easement, with the sole <br />exception of any such liability, loss, expense, damage, judgment or settlement <br />which is the result of or arises out of the sole negligence of Grantor. <br />5. Attorneys' Fees. In the event of any controversy, claim or dispute <br />relating to this Easement, the prevailing party in a non -appealable judicial <br />resolution of such controversy, claim or dispute shall be entitled to recover <br />from the losing party reasonable expenses, attorneys' fees and costs. <br />Said Temporary Easement shall expire not later than the 311" day of December 2020. <br />IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on this date shown <br />below. <br />BOARD OIL PUBLIC WORKS <br />Gary A. Gilot, President <br />Elizabeth A. Maradik, Member <br />Joseph R. Molnar, Member <br />Therese J. Doran, Member <br />Jordan V. Gathers, Member <br />ATTEST: <br />_,,,:y, c¢ii pv <br />Linda M. Martin, Clerk <br />GRANTOR: <br />UNIVERSITY OF NOTRE DAME DU LAC <br />ry <br />By cv l' iVk( (-'' of the <br />University of Notre Dame Du Lac <br />