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4. Grantor Approval. Grantee, its heirs, successors and assigns, will <br />not, without the express written permission of Grantor, erect, construct, or create <br />any building improvement, obstruction, or structure of any kind, either above or <br />below the surface, or stockpile soils, construction debris, or construction <br />equipment or change the grade thereof of the Easement Area except as <br />reasonably required during the period of any initial construction, repair, or snow <br />removal efforts which is undertaken and pursued with reasonable diligence. <br />Grantee, its heirs, successors and assigns, will not unreasonably limit or restrict <br />the Grantor's access or use of the Easement Area at any time. <br />5. Repair and Restoration. After construction or repair of the <br />Easement Area, Grantee shall, at its sole cost and expense, promptly restore <br />and repair any and all damage to the Easement Area, including without limitation, <br />all utilities and other improvements located therein, and shall remove all debris <br />from the Easement Area. Grantee shall restore the Easement Area and all <br />landscaping to the Easement Area as provided in the Plans. <br />6. Indemnity for Damage. Grantee, its successors and assigns, and <br />transferees, agree to indemnify, defend and hold harmless Grantor, its <br />successors and assigns, from any liability or damage of any nature whatsoever <br />which shall or may occur by reason of the improvement, repair or use of the <br />Easement Area granted herein. <br />7. Binding Effect. The terms of this Easement shall constitute a <br />covenant running with the Property and all such terms shall inure to the benefit of <br />and be binding upon the undersigned parties and their respective successors <br />and ascigns. <br />78. Amendment. This Easement may be amended by, and only by, a <br />written agreement signed by all the parties hereto, or their successors in interest, <br />as the case may be. <br />89. Counterparts. This Easement may be signed in any number of <br />counterparts each of which shall be deemed to be an original and all of which <br />taken together shall constitute one and the same instrument. <br />4 <br />