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<br /> <br />7 <br />Site: MINC CRAIG’S LIST <br />BUN: 830671 <br />4846-5132-9375.5101460\003078 <br />Grantor together with interest on such amounts at the greater of the (i) the rate provided by <br />statute where the Easement is located or (ii) 12% per annum (calculated from date such amounts <br />are expended until Grantor pays such sums due to Grantee) and shall have a lien against <br />Grantor’s Property with respect thereto. Grantor grants Grantee a lien against Grantor’s Property <br />to secure its obligations to repay Grantee for any sums expended by Grantee pursuant to this <br />Section 14. <br />15. Limitation on Damages. In no event shall Grantee be liable to Grantor for <br />consequential, indirect, speculative or punitive damages in connection with or arising from this <br />Easement, the Permitted Use or the Easement Area. <br />16. Recording. Grantor acknowledges that Grantee intends to record this Easement, or a <br />memorandum of this Easement, with the appropriate recording officer upon execution of this <br />Easement. Grantor acknowledges that Grantee may record a subsequent memorandum of this <br />Easement within two years of the date of this Easement if, in Grantee’s sole discretion, Grantee <br />desires to record a more accurate description of the Easement Area. Grantor agrees to fully <br />cooperate in any subsequent recordings without additional consideration. <br />17. Hold Harmless. Grantor hereby indemnifies, holds harmless, and agrees to defend <br />Grantee against all damages asserted against or incurred by Grantee by reason of, or resulting <br />from: (a) the breach by Grantor of, any representation, warranty, or covenant of Grantor <br />contained herein or (b) any negligent act or omission of Grantor, excepting however such <br />damages as may be due to or caused by the acts of Grantee or its agents. Grantee hereby <br />indemnifies, holds harmless, and agrees to defend Grantor against all damages asserted against or <br />incurred by Grantor by reason of, or resulting from: (a) the breach by Grantee of any <br />representation, warranty, or covenant of Grantee contained herein or (b) any negligent act or <br />omission of Grantee, excepting however such damages as may be due to or caused by the acts of <br />Grantor or its agents. Nothing in this grant shall constitute a waiver by the Grantor of any <br />statutory or common law immunities, limits or exceptions on liability. <br />18. Grantor’s Covenant of Title. Grantor covenants: (a) Grantor is seized of fee simple <br />title to Grantor’s Property of which the Easement Area is a part and has the right and authority to <br />grant this Easement; (b) that this Easement is and shall be free and clear of all liens, claims, <br />encumbrances and rights of third parties of any kind whatsoever, except for those permitted liens, <br />claims, encumbrances and rights of third parties as set forth on Exhibit “E” attached hereto; <br />(c) subject to the terms and conditions of this Easement, Grantee shall have quiet possession, use <br />and enjoyment of the Easement Area; (d) there are no aspects of title that might interfere with or <br />be adverse to Grantee’s interests in and intended use of the Easement Area; and (e) that Grantor <br />shall execute such further assurances thereof as may be required. <br />19. Non-Interference. Grantee and Grantor acknowledge that there is an existing <br />telecommunications tower located adjacent to the exclusive Easement Area (the “Adjacent <br />Tower”). From and after the date hereof and continuing until this Easement is terminated (if <br />ever), Grantor shall not permit (a) other than the Adjacent Tower, the construction, installation or <br />operation of any communications facilities that emit radio frequencies on Grantor’s Property <br />other than communications facilities constructed, installed and/or operated on the Easement Area