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Project No.: 12-276
<br /> Tract No.: FLBQQ-INDI-001
<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 advanced 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 /> ,-OW upon behalf of the named party to this Agreement, without the joinder or consent of any
<br /> additional parties.
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