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BK 6730 PG 1353 DOC# 30050979
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<br /> 7. Grantee's Sole Risk and Expense. Grantee acknowledges that the use of the Easement
<br /> Area shall be at Grantee's sole risk and expense. Grantor shall in no way be liable to
<br /> Grantee for any costs, expenses, losses, damages, or liabilities incurred by Grantee's use
<br /> of the Easement Area. Grantee shall defend, indemnify, and hold harmless Grantor, its
<br /> affiliates, subsidiaries, members, managers, officers, agents, employees, successors and
<br /> assigns(collectively,"Grantor Parties"),from and against any and all claims, actions, costs,
<br /> expenses, losses, damage, destruction, and liabilities incurred by Grantor Parties relating,
<br /> directly or indirectly, to Grantee's use of the Easement Area even if caused in whole or in
<br /> part by the negligence of Grantor Parties but excluding the willful or intentional
<br /> misconduct of Grantor's Parties. Grantee's indemnity obligations shall survive the
<br /> termination of this Agreement.
<br /> All of Grantee's operations, activities, and equipment used within the Easement
<br /> Area or in proximity to any of the Facilities shall, at all times, be in strict compliance with
<br /> applicable provisions of the National Electrical Safety Code (NESC), the Occupational
<br /> Safety and Health Act of 1971 (OSHA), and the OSHA Crane Construction Standards For
<br /> Power Line Safety, Sections 1926.1408 & .1409. Grantee is further notified and hereby
<br /> agrees to so notify any of Grantee's employees, agents, contractors, representatives, or
<br /> other persons engaging in Grantee's activities upon the Easement Area with Grantee's
<br /> knowledge and under Grantee's supervision or control, that extreme caution is necessary
<br /> around the Facilities, and in the event of any damages or injuries, Grantee shall
<br /> immediately report the nature and extent thereof to Grantor's nearest local office or
<br /> corporate toll free number.
<br /> Grantee shall not use any equipment within the Easement Area that is capable of
<br /> extending over twelve (12) feet in height above natural ground surface level without prior
<br /> written approval from Grantor unless an observer, approved by Grantor, is present during
<br /> the use. Grantee shall bear all costs associated with the observer.
<br /> 8. Transferability. The rights granted and retained under this Agreement shall inure to the
<br /> benefit of the heirs, successors, and assigns of the parties, and shall run with the land.
<br /> 9. Notice. Any notices and other communications required under this Agreement or relating
<br /> hereto shall be in writing and delivered via personal delivery, certified United States mail
<br /> (return receipt requested), or overnight delivery through a reputable carrier to:
<br /> Grantor: Duke Energy Carolinas, LLC
<br /> Attn: Transmission Asset Protection
<br /> Grantee: Beverly Stokes
<br /> 429 Gaines Chapel Rd.
<br /> Efland, NC 27243
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<br /> Rev.2019
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