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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- INDk001
<br /> 5 . Should FGT need to remove any of the Encroachment within the Easement
<br /> Area in order to construct , maintain , operate , repair, remove , replace or resize the
<br /> Pipeline Facilities , IRC shall pay the cost of removing and replacing or reinstalling the
<br /> Encroachment . FGT , if possible , shall give Owner thirty (30) days radvanced notice
<br /> should any of the Encroachment need to be removed as a result of work done on the
<br /> pipeline facilities . In addition , all repair and maintenance work performed by FGT on its
<br /> existing or additional Pipeline Facilities located on the Easement Area , shall be
<br /> performed in a reasonable workmanlike manner and FGT shall restore the surface and
<br /> grade of Owned Premises where the work is performed , but shall not be liable for loss ,
<br /> damage , or replacement to the Encroachment or any equipment and facilities that exist
<br /> within the Easement Area , and in this regard , and to the extent allowed by law, IRC
<br /> hereby releases FGT and the FGT Entities from any and all liability for any such loss or
<br /> damage .
<br /> 6 . INTENTIONALLY OMITTED .
<br /> 7 . This Agreement in no way constitutes a waiver by FGT of its rights to enjoy the
<br /> Easement Area unencumbered by the construction , operation , maintenance or use of
<br /> the Encroachment within the Easement Area .
<br /> 8 . It is expressly agreed to by and between FGT and IRC that if IRC is in violation
<br /> of any terms or conditions set forth in this Encroachment Agreement , FGT , at its option ,
<br /> may terminate FGT' s consent to the Encroachment upon ten ( 10) days' notice to the
<br /> IRC ; provided however, that any such termination . shall not become effective if, within
<br /> thirty (30) days from the receipt of such notice of termination , IRC cures such violation .
<br /> IRC expressly agrees that if FGT terminates its consent to the Encroachment based
<br /> upon IRC ' s failure to cure a violation of the Easement Agreement, the Encroachment
<br /> Agreement, or both , IRC will continue to be bound by the terms of the Easement
<br /> Agreement and the Encroachment Agreement, and IRC shall immediately remove any
<br /> and all of the Encroachment which may be situated on the Easement Area , or if IRC
<br /> fails to remove any and all of the Encroachment, FGT may , at its option , remove the
<br /> Encroachment at the expense of IRC and without any liability whatsoever . If such
<br /> violation by IRC constitutes or results in an emergency or a dangerous condition , FGT
<br /> shall only be required to provide whatever prior notice is reasonable under the
<br /> circumstances before exercising its rights to remove the Encroachment or otherwise
<br /> cure the violation . The failure of FGT to exercise the option to terminate as to any such _
<br /> violation shall not constitute a waiver of FGT's future right to exercise such option as to
<br /> the same or any future violation . IRC agrees to pay FGT' s costs , including attorneys'
<br /> fees and costs , arising out of the enforcement of the terms of the Easement Agreement,
<br /> the Encroachment Agreement , or both . The remedies outlined herein are not exclusive
<br /> and FGT does not waive any legal or equitable remedies .
<br /> 9 . The provisions of the Easement Agreement, and all rights , powers , privileges ,
<br /> and duties , obligations , and liabilities created thereby , shall remain in full force and
<br /> effect and are not affected hereby except to the extent and in the manner specifically
<br /> and particularly set forth herein .
<br /> 10 . IRC and FGT stipulate and agree that the statements and information
<br /> contained in the introductory paragraphs and recitations of this Agreement are true and
<br /> correct and are incorporated herein by this reference .
<br /> 11 . This instrument and the covenants and agreements herein contained shall
<br /> extend to and be binding upon IRC and the heirs , executors , personal representatives ,
<br /> successors and assigns of IRC and upon FGT and the successors and assigns of FGT
<br /> and the benefits of this Agreement shall run with the land. This Encroachment
<br /> Agreement may be executed in counterparts , each of which when conformed shall be
<br /> an original and all of which together shall constitute a single document .
<br /> The undersigned hereby represent and warrant that the undersigned have full
<br /> authority to execute , deliver and perform this Agreement in accordance with its terms
<br /> upon behalf of the named party to this Agreement, without the joinder or consent of any
<br /> additional parties .
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