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measurement, transmission, connection, handling, monitoring and management of landfill gas (collectively,
<br />the "Facilities").
<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 the
<br />Easement Property. The Grantee shall bear any survey costs for resetting these monuments if they are
<br />disturbed by Grantee in any way.
<br />The Grantee is hereby cautioned that other permitted utilities and/or improvements may exist in the
<br />general area of the Easement 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 />The Grantee shall not discharge any pollutants, contaminants, or hazardous or deleterious materials
<br />onto the Easement Property or property owned or maintained by, or subject to the jurisdiction of the Grantor,
<br />and shall save and hold the Grantor harmless from any cause of action, expense, cost, loss or damage to
<br />Grantor or others by any such discharge or obstruction, whether resulting from an accident or negligence,
<br />remedying or removing the same immediately upon learning of such discharge or upon request of Grantor.
<br />The Grantee shall indemnify and hold harmless the Grantor from and against any and all claims,
<br />liabilities, losses, damage, or causes of action to both persons and property, which may arise from any
<br />misconduct, negligent act, or omissions of either the Grantee or its successors or assigns, or any of its
<br />respective agents, officers, or employees in connection with the performance of this non-exclusive
<br />easement.
<br />Upon completion of the installation the Grantee and/or its contractors, agents, successors or assigns,
<br />shall restore the portion of the Easement Property disturbed by the installation to its pre -installation
<br />condition, which includes removing the temporary construction facilities and debris, leveling off -the area,
<br />and restoration with native grasses.
<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 the 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; (b) construction is
<br />completed as indicated in writing to the Grantor for which the easement was purposed; or (c) the Landfill Gas
<br />Agreement between the Grantor and the Grantee is terminated or expires and is not replaced by another
<br />agreement requiring the same easement. At such time any one of these three (3) events occur, the rights herein
<br />granted shall terminate and full use of the Easement Property shall be enjoyed by the Grantor, its successors or
<br />assigns, and the Grantee shall execute a release of all rights under this grant of easement.
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