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<br />allow for public enjoyment and understanding of the natural features of the Trail without
<br />impairing or interfering with the conservation values of the Trail.
<br />3.5 All improvements allowed by this Easement by the Grantee will be subject
<br />to the review and approval by the Grantor. Grantor also has the right to enter upon the Trail for
<br />the quiet and peaceable enjoyment of the Trail and to inspect and review the management and
<br />improvements of the Trail as permitted by this easement by the Grantee.
<br />4. RESPONSIBILITIES OF GRANTOR NOT AFFECTED. Other than as
<br />specified herein, this Easement is not intended to impose any legal or other responsibility of the
<br />Grantor, or in any way to affect any existing obligations of the Grantor as the legal owner of the
<br />property. Notwithstanding any of the foregoing, while Grantor agrees to take no action
<br />inconsistent with its agreement herein, it shall be the Grantee's responsibility to monitor and
<br />police the use of the Easement by Grantee, its invitees and the general public.
<br />5. LIABILITY AND INDEMNITY. Grantor agrees to indemnify and hold Grantee
<br />harmless from any and all costs, claims or liability, including but not limited to a reasonable
<br />attorney's fees arising from (i) personal or bodily injury and loss of or damage to the Trial or
<br />Property or any economic loss that has in any such case and in any way whatsoever been caused
<br />by or arising out of the exercise of the right to use the Trail for recreational and/or other
<br />purposes; and (ii) any violation of any federal, state or local environmental or land use law or
<br />regulation or the use of or presence of hazardous substances, waste or other regulated materials
<br />in, or on or under the Trial or the Property; provided, however, that if such costs, claims or
<br />liability are due in whole or in part to the negligence of Grantee or its agents, contractors or
<br />employee, liability shall be apportioned accordingly.
<br />Grantor agrees to maintain liability insurance covering the Property with limits as
<br />follows: (i) $500,000 per occurrence, $1,000,000 Aggregate Comprehensive General Liability
<br />and Property Damage Insurance, and (ii) $500,000 per occurrence, $1,000,000 Aggregate for
<br />personal injury. Additionally, Grantor warrants that Grantee is and will remain a named insured
<br />on Grantor's insurance policies for the Property. Grantor shall provide Grantee with a certificate
<br />of insurance coverage on the effective date, of this Easement and within 10 days of each
<br />insurance renewal date.
<br />Grantor shall indemnify and hold harmless the Grantee, its officers, employees,
<br />agents and assigns for any all liabilities, claims, demands, losses, expenses, damages, fines, fees,
<br />penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of
<br />any person or governmental authority, and other liabilities (whether legal or equitable in nature,
<br />including without limitation, court costs, and reasonable attorneys' fees) to which Grantee may
<br />be subject to or incur due to the use of the Trail or Grantor's negligent acts or omissions or
<br />Grantor's breach of any representation, warranty, covenant, agreements contained in this
<br />Easement, or violations of any Federal, State or local laws including all Environmental Laws.
<br />6. AMENDMENT OF EASEMENT. This Easement may be amended only with
<br />the written consent of Grantor and Grantee. Any such amendment shall be consistent with the
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