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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> Project No . : 12-276 J . R . SMITH , CLERK
<br /> Tract No . : FLBQQ-INDI -001
<br /> Be The consent granted herein is limited exclusively to the proposed
<br /> Encroachment upon the Owned Premises within the Easement Area . IRC shall not alter
<br /> the grade or permit such alteration anywhere on the Easement Area without the prior
<br /> express written consent of FGT .
<br /> C . IRC shall at all times conduct all activities on the Easement Area in such a
<br /> manner as not to interfere with or impede the operation and maintenance of the Pipeline
<br /> Facilities , as conducted in the past , present or future , in any manner whatsoever.
<br /> D . Except as to the Encroachment, IRC shall not construct , plant or create
<br /> additional improvements of any kind , including but not limited to , fences , sheds ,
<br /> irrigation or drainage systems , utilities , decking , pole barns , parking lots , roadways ,
<br /> pools , ponds , trees or shrubs within the confines of the Easement Area without the prior
<br /> express written consent of FGT .
<br /> E . IRC understands and agrees that FGT may not' have the exclusive
<br /> authority to grant IRC permission to construct the Encroachment in the Easement Area ,
<br /> This Agreement merely defines the terms by which FGT will not object, and that IRC will
<br /> obtain permission for the Encroachment from the underlying fee owner of the Lands or
<br /> third parties having an interest in the Owned Premises . The consent granted by this
<br /> instrument shall not constitute or be construed as a subordination , merger, assignment,
<br /> conveyance or relinquishment of any of the right, title and interest of FGT under the
<br /> provisions of the Easement Agreement .
<br /> 2 . IRC agrees that The Encroachment and any additional approved improvements
<br /> constructed or installed in the Easement Area shall be constructed in accordance with
<br /> the Engineering and Construction Specifications detailed in Exhibit "A" attached hereto
<br /> and made a part hereof. Installation , construction , maintenance , repair and
<br /> replacement of the Encroachment shall be the sole responsibility , and performed at the
<br /> sole cost and expense of IRC .
<br /> 3 . IRC ; to the extent allowed by law, agrees to indemnify, protect, and hold
<br /> harmless FGT, its parent , affiliates , subsidiaries , and their directors , officers ,
<br /> employees , representatives , and agents ( hereinafter " FGT Entities") from and against
<br /> any and all actions or causes of action , claims , demands , liabilities , loss , damage ,
<br /> injury , suit , proceeding , judgment , cost or expense of whatever kind or nature , including
<br /> but not limited to reasonable attorneys' fees , caused by , or arising out of, or resulting
<br /> from , or in any way associated with the installation , construction , use , maintenance ,
<br /> repair or replacement of the Encroachment, or from the operation , maintenance , use or
<br /> presence . of FGT' s Pipeline Facilities upon or in the vicinity of the Easement Area
<br /> except where such loss , cost, liability , or expense was proximately caused solely by the
<br /> gross negligence of FGT or its employees .
<br /> In addition , IRC agrees to indemnify , defend and hold harmless FGT and the
<br /> FGT Entities from and against any liability , damage , claims , loss , cause of action , suit ,
<br /> proceeding , judgment , cost ( including the cost or expense of environmental response ,
<br /> removal or remediation activities) , fees or expense , including reasonable attorney' s
<br /> fees , arising from : (a) non-compliance with any laws , regulations and orders applicable
<br /> to the ownership or the operation and maintenance of the Encroachment on the Owned
<br /> Premises and the Easement Area described herein , and (b) any incidents , acts ,
<br /> releases , negligence , transactions or omissions , or conditions on or affecting the
<br /> Easement Area caused by , or arising out of, or resulting from , or in any way associated
<br /> with the installation , construction , use , maintenance , repair or replacement of the
<br /> Encroachment that would (i) contribute to or constitute a violation of any local , state or
<br /> federal environmental rule , regulation , law or judicial order, ( ii) result, in whole or in part ,
<br /> in any requirement to clean up or otherwise remedy or remediate a condition , ( iii) give
<br /> rise to any lien , liability, injunction , order, restriction , claim , expense , damage , fine or
<br /> penalty, (iv) adversely affect human health or the environment at or near the Easement
<br /> Area , or (v) constitute a violation of the terms of this Encroachment Agreement .
<br /> 4 . IRC shall take reasonable steps to protect the Pipeline Facilities at all times
<br /> during the performance of any work associated with the Encroachment including
<br /> maintaining a minimum of three feet (3 ' ) of cover over the subsurface Pipeline Facilities
<br /> at all times .
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