267-26 Temporary Easement Agreement - Hutton Lafayette.pdf

a. The GRANTOR has good and lawful right to convey the temporary easement reference herein; b. The temporary easement is free and clear from encumbrances of record that might interfere with the scope of work referenced herein; c. The temporary easement contains the right to enter upon and pass along the EASEMENT AREA equipment, personnel, agents, officers, and materials to install, inspect, operate or to rebuild, redesign, replace, repair, remove and maintain, the underground utility structures that are within the EASEMENT AREA, as well as to store equipment and materials within the EASEMENT AREA during the life of the Temporary Easement and Access Agreement; d. GRANTREE will provide GRANTOR at least 48 hours’ notice prior to the commencement of the work; e. GRANTOR does hereby expressly permit the uninterrupted and unobstructed right of entry, under, across and over the area shown in “Exhibit A” to the GRANTEE for the purposes of the emergency repair at various locations where the stormwater pipes and outfalls; f. GRANTOR, its successors and/or assigns shall hold harmless GRANTEE, its successors and/or assigns from and against any and all claim, liabilities, penalties, costs or other damages, whether foreseen and unforeseen, arising directly from the temporary easement referenced herein; g. GRANTOR agrees that if any disturbance or damage is caused to the subject property as a result of the GRANTEE’S exercise of the rights and privileges afforded to it under this instrument, the GRANTEE shall restore the affected area as near as practicable to its original condition and as soon as practical, and GRANTEE shall provide additional access rights and construction rights for GRANTOR to perform the same; h. GRANTEE shall defend, indemnify and hold harmless GRANTOR against, and shall save GRANTOR harmless from, and shall reimburse GRANTOR with respect to, any and all claims, demands, actions, causes of action, injuries, orders, losses, liabilities (statutory or otherwise), obligations, damages, fines, penalties, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) incurred by, imposed upon or asserted against GRANTOR by reason of any accident, injury (including death at any time resulting therefrom) or damage to any person or property arising out of this Temporary Easement Agreement and resulting from the negligence

reason of any accident, injury (including death at any time resulting therefrom) or damage to any person or property arising out of this Temporary Easement Agreement and resulting from the negligence or intentional acts of GRANTEE or by any employee, licensee, invitee or agent of GRANTEE;