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of ingress, and egress for personnel and equipment of Grantee, its contractors, agents, successors or <br />assigns, over the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights <br />granted by this easement and any or all of the rights granted hereunder. <br />In exercising any of the rights and privileges upon the Easement Property granted herein, the <br />Grantee will properly flag all section corners, quarter corners, and other survey monuments lying within <br />the Easement Property. The Grantee shall bear any survey costs for resetting these monuments if they are <br />disturbed by Grantee in any way. The Grantee shall indemnify and hold harmless the Grantor from and <br />against any and all claims, liabilities, losses, damage, or causes of action to both persons and property, <br />which may arise from any misconduct, negligent act, or omissions of either the Grantee or any of its <br />respective agents, officers, or employees in connection with the performance of this non-exclusive <br />easement. <br />The Grantee is hereby cautioned that other permitted utilities and/or improvements may exist in the <br />general area of the Licensed Property. The Grantee shall be solely liable for damages to any existing <br />permitted structures, or utilities resulting from the installation of the proposed landfill gas equipment <br />pipeline. <br />An as -built certification of all pipeline/utility installations within the easement to include material <br />type, size, depth and pressures (if a pressurized utility) shall be performed by a Florida Registered <br />Professional Surveyor and provided to the Grantor in a digital ACAD and PDF format withing thirty (30) <br />days following completion of installation. If as -built is not received within thirty days of installation, the <br />Grantor will either have certification completed at Grantee's expense or order removal of the utility <br />installation. <br />Grantee shall not discharge any pollutants, contaminants or deleterious materials onto property <br />owned or maintained by, or subject to the jurisdiction of the Grantor, and shall save and hold harmless from <br />any cause of action, expense, cost, loss or damage to Grantor or others by any such discharge or obstruction, <br />whether resulting from an accident or negligence, remedying or removing the same immediately upon <br />learning of such discharge or upon request of Grantor. <br />The Grantor, however, reserves the right and privilege to use the above-described property for any <br />such purposes suitable to the Grantor except as might interfere or be inconsistent with the use, occupation, <br />maintenance, or enjoyment thereof by Grantee or its successors or assigns, or as might cause a hazardous <br />condition. <br />It is understood and agreed that this easement will continue in effect for the benefit of Grantee, its <br />successors and assigns until the occurrence of the first of the following events: (a) the easement is no longer <br />used by Grantee, its successors and assigns, for the purpose for which this grant is provided; or (b) the <br />Landfill Gas Agreement between the Grantor and the Grantee is terminated or expires and is not replaced <br />by another agreement requiring the same easement. At such time as one of these two events occur, the <br />rights herein granted shall terminate and full use of the Easement Property shall be enjoyed by Grantor, its <br />successors or assigns, and Grantee shall execute a release of all rights under this grant of easement. <br />Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real <br />property herein described and that it has good and lawful right to grant the aforesaid easement free and <br />clear of mortgages and other encumbrances unless specifically stated to the contrary. <br />[Signatures to Follow on Next Two Pages] <br />2 <br />