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removal, destruction, occupation and use of the portion of Encroachments which will
<br />exist within Williams' Easement in the performance of Williams' installation,
<br />maintenance, operation, repair, removal, replacement or inspection of Williams'
<br />facilities.
<br />5. Williams and City agree that the existence of the Encroachments does not
<br />constitute a waiver of Williams' express rights under the Easement or any other rights,
<br />which may be implied at law or equity. Williams hereby reserves and City hereby grants
<br />and confirms all of Williams' rights, title and estate as set forth in the Easements
<br />including, but not limited to, the rights to access, lay, maintain, operate, repair, replace,
<br />change the size of, protect and remove existing and future pipelines, communications
<br />lines and other facilities within, under and across all of the Behm's Century Farms
<br />development which are subject to Williams' Easement.
<br />6. Except for the Encroachments as set forth on the Plan Drawings, City will not at
<br />any time erect, construct, or create any additional buildings, improvements, structures,
<br />pavement, ditches, utility or sewer lines, trees or obstructions of any kind either above,
<br />on or below the surface of the ground within twenty -five feet (25') of the then - current
<br />location of any of Williams' existing or future facilities, or change the grade thereof, or
<br />cause or permit these things to be done by others, without the express prior written
<br />permission of Williams. City specifically agrees not to allow, permit or grant rights for
<br />other utility lines, pipelines (other than Williams'), utility poles, or paved access roads
<br />within the specified road rights -of -way and within ten feet (10') laterally of the Pipeline
<br />or Williams' future facilities as they then exist by virtue of the Easement or this
<br />Agreement.
<br />7. In the event that City breaches any of the terms, covenants or provisions of this
<br />Agreement, and Williams commences litigation to enforce any provisions of this
<br />Agreement, the cost of attorney's fees and the attendant expenses will be payable to
<br />Williams by City, its successors or assigns, upon demand, for all claims upon which
<br />Williams prevails.
<br />8. The terms and conditions of this Agreement shall constitute covenants running
<br />with the land and be binding upon and inure to the benefit of the parties hereto, their
<br />successors and assigns. Williams executes this Agreement and provides the consents set
<br />forth in this Agreement solely on its own behalf. Williams does not represent, through
<br />this Agreement or otherwise, any other entity other than Williams' future successors and
<br />assigns.
<br />9. The Easements, insofar as they may cover and relate to land other than the land
<br />within the boundaries of the Behm's Century Farms development as described in the
<br />Grading Plan Drawings, shall remain in full force and effect in accordance with all of
<br />their terms, conditions and provisions. Nothing herein contained shall be construed as
<br />releasing or impairing any rights or privileges under the Easement insofar as the
<br />Easement covers the Behm's Century Farms development as described in the Grading
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