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4 <br />4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of <br />GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and <br />without legal effect. <br />5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the <br />nght at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. <br />6. NON-DISCRIMINATION. GRANTEE shall not discriminate against any individual because of that individual's race, <br />color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement <br />or upon lands adjacent to and used as an adjunct of this easement. <br />7 LIABILITY: GRANTOR does not warrant or represent that Easement Area is safe or suitable for the purpose for <br />which GRANTEE is permitted to use it, and GRANTEE and its agents, representatives, employees, and independent contractors <br />assume all nsks in its use. GRANTEE hereby covenants and agrees to investigate all claims of every nature at its own expense, <br />and, to the extent allowed by Section 768.28, Flonda Statues, to indemnify, protect, defend, save and hold harmless GRANTOR <br />and the State of Florida, its officers, agents and employees from any and all damages, claims, demands, lawsuits, causes of <br />action, costs, expenses, attorney's fees or liability of any kind or nature ansing out of all personal injury or damages attributable <br />to the negligent acts or omissions of GRANTEE and its agents, employees or independent contractors. GRANTEE shall contact <br />GRANTOR regarding the legal action deemed appropriate to remedy all matters indemnified for and defended against herein. <br />GRANTOR shall have the absolute right to choose its own legal counsel in connection with all matters indemnified for and <br />defended against herein at GRANTEE's expense. The GRANTEE shall maintain a program of insurance covenng its liabilities <br />as prescribed by Section 768.28, F.S. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party <br />hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on <br />claims. In the event GRANTEE subcontracts any part or all of the work performed in the Easement Area, the GRANTEE shall <br />require each and every subcontractor to identify the GRANTOR as an additional insured on all insurance policies required by <br />the GRANTEE. Any contract awarded by GRANTEE for work in the Easement Area shall include a provision whereby the <br />GRANTEE's subcontractor agrees to indemnify, pay on behalf, and hold the GRANTOR harmless for all injuries and damages <br />arising in connection with the GRANTEE's subcontractor's negligent acts or omissions. <br />8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE <br />obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State <br />of Florida or the United States or of any political subdivision or agency of either. <br />Page 3 of 11 <br />Easement No 32851 R 04/15 <br />