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be prohibited from materially or substantially interfering with the access over and across the <br /> Easement Parcel without the prior written consent of the Grantee. Grantor shall not be required4111 <br /> to alter the drainage from any portion of its adjoining property which may flow onto the <br /> Easement Parcel. Grantee, at Grantee's cost, and with the prior written consent of Grantor, may <br /> alter the drainage from any portion of Grantor's adjoining property which may flow onto the <br /> Easement Parcel. Grantor shall not obstruct or interfere with access to and from Grantee's bridge <br /> located within the Easement Parcel at any time, and shall not permit any vehicle to be parked or <br /> any obstruction of any kind to exist in said access which will in any way prevent or obstruct <br /> traffic over and across said access. <br /> 2_ Damage. If any damage to the Easement Parcel, beyond ordinary wear and tear, <br /> construction of the pedestrian walkway, bicycle access, and bridge, and alteration or removal of <br /> the drainage pond, is caused by the Grantee or members of the public, the damage shall be <br /> repaired promptly, and the cost of repairs of such darnage shall be paid by the Grantee. <br /> III <br /> 3. Indemnity. The Grantee shall defend, indemnify and save the Grantor harmless <br /> from and against any and all claims, demands, suits, liabilities, costs, and expenses, including <br /> reasonable attorneys fees, incurred or suffered by reason of(a) loss or damage of any person <br /> and/or property which arise or are caused by (i) the negligence or willful misconduct of the <br /> Grantee or members of the public on the Easement Parcel, or (ii) Grantee's alteration, removal <br /> and/or relocation of the drainage pond currently located on the Easement Parcel, including, <br /> without limitation, any flooding of or drainage onto other properties, or (b) any expense, <br /> including reasonable attorney's or consultant's fees, incurred by Grantor in order to comply with <br /> the requirements of any governmental agency relating to environmental or wetlands laws, which <br /> Grantor has incurred in order to correct any situation arising from Grantee's drainage or alteration <br /> of the ponding area presently located on <br /> the Easement Parcel. III <br /> RJL116151 2 <br /> MU125-59 <br /> 9t/int 3O'dd 0tC8LCCZt9'QI NS/Wain '8 AQ3NN3}{'WO2I3 LO' ii 4B-9Z-833 <br />