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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
<br /> Grantee harmless from any and all costs, claims or liability, including but not limited to a
<br /> reasonable attorney's fees arising from (i) personal or bodily injury and loss of or damage to the
<br /> Trail or Property or any economic loss that has in any such case and in any way whatsoever been
<br /> caused 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 Trail 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
<br /> purposes of this Easement. The Grantor and Grantee have no right or power to agree to any
<br /> amendment that would affect the enforceability of this Easement.
<br /> 7. TERMINATION OF EASEMENT. If it is determined that conditions on or
<br /> surrounding the Trail have changed so much that it is impossible to fulfill the terms of this
<br /> easement set forth above this agreement can be terminated at the joint mutual consent of the
<br /> Grantor and Grantee.
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