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Project No.: 12-276
<br /> Tract No.: FLBQQ-INDI-001
<br /> B. 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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