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<br /> <br />5 <br />Site: MINC CRAIG’S LIST <br />BUN: 830671 <br />4846-5132-9375.5101460\003078 <br />(c) Grantor shall not (either with or without negligence) cause or permit the use, <br />storage, generation, escape, disposal or release of any Hazardous Materials in any <br />manner not sanctioned by law. In all events, Grantor shall indemnify and hold <br />Grantee harmless from any and all claims, damages, fines, judgments, penalties, <br />costs, liabilities or losses (including, without limitation, any and all sums paid for <br />settlement of claims, attorneys’ fees, and consultants’ and experts’ fees) arising <br />from the presence or release of any Hazardous Materials on Grantor’s Property <br />unless caused by Grantee or persons acting under Grantee. Grantor shall execute <br />such affidavits, representations and the like from time to time as Grantee may <br />reasonably request concerning Grantor’s best knowledge and belief as to the <br />presence of Hazardous Materials on Grantor’s Property. <br />(d) To Grantor’s knowledge, neither the Easement Area nor Grantor’s Property is in <br />violation of or subject to any existing, pending, or threatened investigation or <br />inquiry by any governmental authority or subject to any remedial obligations <br />under any applicable laws pertaining to Hazardous Materials. <br />9. Insurance. During the term of this Easement, Grantee shall carry, at no cost to <br />Grantor, adequate commercial general liability insurance with limits of not less than One Million <br />and 00/100 Dollars ($1,000,000.00). Grantor hereby agrees that Grantee may satisfy this <br />requirement pursuant to master policies of insurance covering other locations of Grantee. Grantee <br />shall provide evidence of such insurance upon request, and such evidence shall name Grantor as <br />an additional insured. <br />10. Maintenance. Grantor shall maintain Grantor’s Property in a good and safe <br />condition except to the extent maintenance is the obligation of the Lessee under the Lease <br />Agreement. <br />11. Removal of Obstructions. <br />(a) Grantee has the right to remove obstructions, including but not limited to <br />vegetation, which may encroach upon, interfere with or present a hazard to <br />Grantee’s use of the Easement Area. This shall not include the right to remove <br />any permanent improvement constructed by the Grantor or the then owner of the <br />land described on Exhibit “A” attached hereto, as well as any lessee of the <br />Grantor or then owner. <br />(b) Notwithstanding anything contained in this Section 11 to the contrary, Grantee <br />shall have the right to remove any permanent improvement located within the <br />Easement Area which interferes with or presents a hazard to Grantee’s use of the <br />Easement Area. Grantee shall be responsible for disposing of any materials <br />related to the removal of obstructions. Except in cases of emergency, no <br />obstruction shall be removed unless a seven (7) day written notice has been given <br />to the Grantor. <br />12. Taxes. Grantor acknowledges and agrees that a portion of the Purchase Price is for <br />and in consideration of the continuing obligation of Grantor to pay, on or before the due date all