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<br /> Page 5 <br />Site: Little Canada-Owasso <br />BUN: 825401 <br />4816-7859-2811.16101460\002203 <br />increase in real estate taxes levied against <br />Grantor’s Property that are directly <br />attributable to the presence of wireless <br />communications facilities within the <br />Easement Area. Grantor agrees to provide <br />Crown any documentation evidencing the <br />increase and how such increase is <br />attributable to Crown’s use. Crown reserves <br />the right to challenge any such assessment, <br />and Grantor agrees to cooperate with Crown <br />in connection with any such challenge. In <br />the event that Grantor fails to pay all real <br />estate taxes on Grantor’s Property prior to <br />such taxes becoming delinquent, Crown <br />may, at its option, pay such real estate taxes <br />(the “Delinquent Taxes”) and Crown shall <br />have the right to collect the Delinquent <br />Taxes from Grantor together with interest on <br />the Delinquent Taxes at the rate of 12% per <br />annum (calculated from the date Crown pays <br />the Delinquent Taxes until Grantor repays <br />such sums due to Crown) and shall have a <br />lien against Grantor’s Property with respect <br />thereto. <br />13. Waiver of Subrogation. The <br />parties hereby waive any and all rights of <br />action for negligence against the other which <br />may hereafter arise on account of damage to <br />the Easement Area or any other portion of <br />Grantor’s Property, including improvements <br />and personal property located thereon, <br />resulting from any fire or other casualty of <br />the kind covered by property insurance <br />policies with extended coverage regardless <br />of whether or not, or in what amount, such <br />insurance is now or hereafter carried by the <br />parties. <br />14. Intentionally Omitted. <br />15. Limitation on Damages . In no <br />event shall either party be liable to the other <br />for consequential, indirect, speculative or <br />punitive damages in connection with or <br />arising from this Easement, the Permitted <br />Use or the Easement Area. <br />16. Recording . Grantor <br />acknowledges that Crown intends to record <br />this Easement with the appropriate recording <br />officer upon execution of this Easement. <br />Grantor agrees that Crown may remove <br />Exhibit “E” to this Easement prior to <br />recording. At Crown’s option, instead of <br />recording this Easement, Grantor and Crown <br />will execute a memorandum of this <br />Easement to be recorded with the <br />appropriate recording officer. <br />17. Hold Harmless . Grantor hereby <br />indemnifies, holds harmless, and agrees to <br />defend Crown against all damages asserted <br />against or incurred by Crown by reason of, <br />or resulting from: (i) the breach by Grantor <br />of, any representation, warranty, or covenant <br />of Grantor contained herein or (ii) any <br />negligent act or omission of Grantor, <br />excepting however such damages as may be <br />due to or caused by the acts of Crown or its <br />agents. Crown hereby indemnifies, holds <br />ha rmless, and agrees to defend Grantor <br />against all damages asserted against or <br />incurred by Grantor by reason of, or <br />resulting from: (i) the breach by Crown of <br />any representation, warranty, or covenant of <br />Crown contained herein or (ii) any negligent <br />act or omission of Crown, excepting <br />however such damages as may be due to or <br />caused by the acts of Grantor or its agents. <br />Nothing in this grant shall constitute a <br />waiver by the Grantor of any statutory or <br />common law immunities, limits or <br />exceptions on liability. <br />18. Grantor’s Covenant of Title . <br />Grantor covenants: (a) Grantor is seized of <br />fee simple title to the Grantor’s Property of <br />which the Easement Area is a part and has <br />the right and authority to grant this <br />Easement; (b) that this Easement is and shall