Common use of Covenants of Grantee Clause in Contracts

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) A. Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall keep all of the Easement Property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials resulting from Grantee’s activities. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above above-referenced adjacent lands. Upon completion of any of its activities that disturb the surface of the Easement Property, including but not limited toGrantee shall, all pavementat its expense, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all restore the Easement Property to substantially the condition it was in immediately prior to the initiation of such property reasonably clean and clear of equipmentactivities or subsequent restoration, building materials, dirt, debris and similar materialsexcept as otherwise provided herein or as necessarily modified to accommodate the Improvements. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. Notwithstanding any provision herein, Grantee shall have no obligation to clean, cure, or correct any damage to any private improvements in or on the Easement Property, including but not limited to, all privately-owned pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements. For purposes of this Agreement, “private improvements” or “privately-owned” shall mean or refer to improvements not owned by a county or municipality. (B) B. In all activities undertaken on property belonging to Grantor, Grantee and/or or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or or licensees shall conduct and construct all work in a good and workmanlike manner; and. (C) C. Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main Improvements shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main water pipe and appurtenances shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby representsIn exercising the rights granted hereunder, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) Grantee shall protect utilizing the Easements, performing the Easement Activity, and otherwise accessing the GCCI Property and (including, without limitation, the adjacent lands of Grantor over which Easement Area), Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage agrees to any elements each of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's following covenants: expense. (Ba) All Easement Activity shall be performed at Grantee’s sole cost and (b) Grantee and Grantee’s Responsible Parties shall enter onto the GCCI Property and utilize the Easements granted hereunder at their own risk and they further ASSUME ALL RISKS related to the same. Grantor shall have no liability to Grantee and Grantee’s Responsible Parties, for any and all claims, causes, losses, liens, injuries, liabilities or expenses of whatever kind not caused by Grantor’s gross negligence or willful misconduct (including, without limitation, reasonable attorney’s fees) (collectively, “Losses”), related to or arising from entry onto the GCCI Property and use of the Easements, and Grantor is hereby irrevocably and forever released from the same. (c) In all activities actions undertaken on property belonging to GrantorGrantor by Grantee and any of Grantee’s Responsible Parties, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work shall be completed in a prompt, good and workmanlike manner; and, free of all liens (including mechanic’s liens) and encumbrances on the GCCI Property. (Cd) Grantee shall not cause cause, or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licenseesGrantee’s Responsible Parties, any hazardous Hazardous Materials (defined below) to be transported to, or dumped, spilled, released, stored, or deposited on, over or beneath the GCCI Property or any other lands owned by Grantor. “Hazardous Materials” means substances, materials or waste the generation, handling, storage, treatment or disposal of which is regulated by any local, state or federal government authority or laws, as defined by a “hazardous waste,” “hazardous material,” “hazardous substance,” "pollutant" or "contaminant" and including, without limitation, those designated as a “hazardous substance” under Section 311 or listed pursuant to Section 307 of the Comprehensive Environmental Response Compensation and Liability Clean Water Act of 1980 ("CERCLA"33 U.S.C. Secs. 1321, 1317), pollutants, or contaminants, defined as defined by CERCLA or a “hazardous waste as defined by waste” under Section 1004 of the Resource Conservation and Recovery Act ("RCRA"42 U.S.C. Sec. 6903), including but not limited to asbestosor defined as a “hazardous substance” under Section 101 of the Comprehensive Environmental Response, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water ActCompensation, and any amendments theretoLiability Act (42 U.S.C. Sec. 9601), to be dumpedand, spilledincluding, releasedwithout limitation, permanently storedpetroleum products and byproducts, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main shall be utilized in a lawful manner PCBs and in compliance with all federal, state and local requirements relating to protection of health or the environmentasbestos.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) A. Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall keep all of the Easement Property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials resulting from Grantee’s activities. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above above-referenced adjacent lands. Upon completion of any of its activities that disturb the surface of the Easement Property, including but not limited toGrantee shall, all pavementat its expense, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all restore the Easement Property to substantially the condition it was in immediately prior to the initiation of such property reasonably clean and clear of equipmentactivities or subsequent restoration, building materials, dirt, debris and similar materialsexcept as otherwise provided herein or as necessarily modified to accommodate the Improvements. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. Notwithstanding any provision herein, Grantee shall have no obligation to clean, cure, or correct any damage to any private improvements in or on the Easement Property, including but not limited to, all privately-owned pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements. For purposes of this Agreement, “private improvements” shall mean or refer to improvements not owned by a county or municipality. (B) B. In all activities undertaken on property belonging to Grantor, Grantee and/or or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or or licensees shall conduct and construct all work in a good and workmanlike manner; and. (C) C. Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main Improvements shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main Mains and Fire Hydrants shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. In exercising the rights granted hereunder, performing the Easement Activities, and otherwise accessing the Easement Property, Grantee hereby represents, covenants and warrants in favor agrees to each of Grantor and its successors and assigns as follows: (A) the following covenants: Grantee shall protect the Easement Property and the any adjacent lands of Grantor over which Grantee has rights of ingress and egress or others from damage caused in whole or in part by acts or omissions of Grantee, its agents, employees, agents, contractors, subcontractorsconcessionaires, assignsrepresentatives, lesseessuccessors and assigns (collectively, licensees and agentstogether with Grantee, Grantee’s Responsible Parties). Grantee shall clean, cure cure, repair and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including including, but not limited to, all pavement, curbs, gutters, walks, streets, other any utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris debris, and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, All Easement Activities shall be performed at Grantee's ’s sole cost and expense. . Grantee’s Responsible Parties shall enter onto the Easement Property and utilize the Easement granted hereunder at their own risk and they further assume all risks related to the same. Grantor shall have no liability to Grantee’s Responsible Parties for any and all claims, damages, losses, liens, costs, liabilities, fines, and expenses (B) including reasonable attorneys’ fees and court costs), damage to or destruction of property, and death of or injury to any person related to or arising from entry onto the Easement Property and Grantor is hereby irrevocably and forever released from the same. In all activities actions undertaken on property belonging to Grantorthe Easement Property by any of Grantee’s Responsible Parties, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work shall be completed in a good and workmanlike manner; and , free of all liens (Cincluding mechanics’ liens) and encumbrances on the Easement Property. Grantee shall not cause cause, or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licenseesGrantee’s Responsible Parties, any hazardous substances, Hazardous Materials (as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutantsbelow) to be transported to, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, over or beneath the Easement PropertyProperty or any other lands owned by Grantor. Any hazardousHazardous Materials means substances, toxic materials or flammable substances use waste the generation, handling, storage, treatment or disposal of which is regulated by Granteeany local, its employeesstate or federal government authority or laws, agentsas a hazardous waste, contractorshazardous material, subcontractorshazardous substance, successorspollutant or contaminant and including, assignswithout limitation, lessees those designated as a hazardous substance under Section 311 or licensees in the construction, reconstruction, operation, maintenance or removal listed pursuant to Section 307 of the Clean Water Main Act (33 U.S.C. Secs. 1321, 1317), defined as a hazardous waste under Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a hazardous substance under Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products and byproducts, PCBs and asbestos. Grantee shall be utilized in a lawful manner and in compliance comply with all applicable federal, state and local requirements relating laws, rules and ordinances in connection with its use of the Easement Property and shall obtain all permits and approvals required by applicable governmental or quasi-governmental entities in connection with Grantee’s Easement Activities and use of the Easement Property as permitted hereunder. The Easement and rights granted herein shall not be used in such a manner as to protection violate any county regulation, city ordinance or state or federal law, rule or regulation. Grantee shall utilize the Easement in such a manner so as to avoid any interruption of health or interference with Grantor’s mining operations and/or reclamation of the environmentEasement Property as provided for under Grantor’s mining and reclamation permits. Grantee shall indemnify and hold Grantor harmless from and against any damage that may be incurred by Grantor as a result of the activities of Grantee under the Easement, provided, however, that nothing herein shall be construed as a waiver of any of Grantee’s rights and privileges under the Colorado Governmental Immunity Act.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main and Fire Hydrant shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor Xxxxxxx and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at GranteeXxxxxxx's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) A. Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall keep all of the Easement Property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials resulting from Grantee’s activities. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above above-referenced adjacent lands. Upon completion of any of its activities that disturb the surface of the Easement Property, including but not limited toGrantee shall, all pavementat its expense, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all restore the Easement Property to substantially the condition it was in immediately prior to the initiation of such property reasonably clean and clear of equipmentactivities or subsequent restoration, building materials, dirt, debris and similar materialsexcept as otherwise provided herein or as necessarily modified to accommodate the Improvements. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at GranteeXxxxxxx's expense. Notwithstanding any provision herein, Grantee shall have no obligation to clean, cure, or correct any damage to any private improvements in or on the Easement Property, including but not limited to, all privately-owned pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements. For purposes of this Agreement, “private improvements” shall mean or refer to improvements not owned by a county or municipality. (B) B. In all activities undertaken on property belonging to Grantor, Grantee and/or or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or or licensees shall conduct and construct all work in a good and workmanlike manner; and. (C) C. Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main Improvements shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) A. Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall keep all of the Easement Property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials resulting from Grantee’s activities. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above above-referenced adjacent lands. Upon completion of any of its activities that disturb the surface of the Easement Property, including but not limited toGrantee shall, all pavementat its expense, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all restore the Easement Property to substantially the condition it was in immediately prior to the initiation of such property reasonably clean and clear of equipmentactivities or subsequent restoration, building materials, dirt, debris and similar materialsexcept as otherwise provided herein or as necessarily modified to accommodate the Improvements. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. Notwithstanding any provision herein, Grantee shall have no obligation to clean, cure, or correct any damage to any private improvements in or on the Easement Property, including but not limited to, all privately-owned pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements. . For purposes of this Agreement, “private improvements” shall mean or refer to improvements not owned by a county or municipality. (B) B. In all activities undertaken on property belonging to Grantor, Grantee and/or or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or or licensees shall conduct and construct all work in a good and workmanlike manner; and. (C) C. Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main Improvements shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor Xxxxxxx and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at GranteeXxxxxxx's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main sanitary sewer pipe and appurtenances shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor Xxxxxxx and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at GranteeXxxxxxx's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main _FIRE HYDRANT WITH 76'± LATERAL shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor Xxxxxxx and its successors and assigns as follows: (A) A. Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall keep all of the Easement Property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials resulting from Grantee’s activities. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above above-referenced adjacent lands. Upon completion of any of its activities that disturb the surface of the Easement Property, including but not limited toGrantee shall, all pavementat its expense, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all restore the Easement Property to substantially the condition it was in immediately prior to the initiation of such property reasonably clean and clear of equipmentactivities or subsequent restoration, building materials, dirt, debris and similar materialsexcept as otherwise provided herein or as necessarily modified to accommodate the Improvements. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at GranteeXxxxxxx's expense. Notwithstanding any provision herein, Grantee shall have no obligation to clean, cure, or correct any damage to any private improvements in or on the Easement Property, including but not limited to, all privately-owned pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements. . For purposes of this Agreement, “private improvements” shall mean or refer to improvements not owned by a county or municipality. (B) B. In all activities undertaken on property belonging to Grantor, Grantee and/or or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or or licensees shall conduct and construct all work in a good and workmanlike manner; and. (C) C. Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main Improvements shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.

Covenants of Grantee. Grantee hereby represents, covenants and warrants in favor of Grantor and its successors and assigns as follows: (A) Grantee shall protect the Easement Property and the adjacent lands of Grantor over which Grantee has rights of ingress and egress from damage caused in whole or in part by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. Grantee shall clean, cure and correct any such damage to any elements of the Easement Property or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If Grantee fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Grantor, then Grantor may do so, at Grantee's expense. (B) In all activities undertaken on property belonging to Grantor, Grantee and/or its employees, agents, contractors, subcontractors, successors, assigns, lessees and/or licensees shall conduct and construct all work in a good and workmanlike manner; and (C) Grantee shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath the Easement Property. Any hazardous, toxic or flammable substances use by Grantee, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the Water Main fire hydrant assembly together with water pipe appurtenances shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment.