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b.) to remove from the Temporary Easement Area trees, brush, herbage, <br />aggregate, undergrowth and other obstructions interfering with the location and <br />construction of the proposed improvements; and <br /> <br /> c.) to remove or otherwise dispose of all earth or other material excavated from <br />the Temporary Easement Area as the Grantees may deem appropriate. <br /> <br /> The Grantees shall not be responsible for any costs, expenses, damages, demands, <br />obligations, penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or <br />proceedings based upon a release or threat of release of any hazardous substances, petroleum, <br />pollutants, and contaminants which may have existed on, or which relate to the Temporary <br />Easement Area or the Grantor’s Property prior to the date hereof. <br /> <br /> Nothing contained herein shall be deemed a waiver by the Grantees of any governmental <br />immunity defenses, statutory or otherwise. Further, any and all claims brought by the Grantor, its <br />successors or assigns, shall be subject to any governmental immunity defenses of the Grantees and <br />the maximum liability limits provided by Minnesota Statute, Chapter 466. <br /> <br /> The Grantor, for itself and its successors and assigns, does hereby warrant to and covenant <br />with the Grantees, their successors and assigns, that it is well seized in fee of the Grantor’s Property <br />described on Exhibit A, and the Temporary Easement Area described on Exhibit B, and has good <br />right to grant and convey the Temporary Easement herein to the Grantees. In addition, the Grantor, <br />for itself and its successors and assigns, does hereby warrant to and covenant with the Grantees, their <br />successors and assigns, the right of after acquired title to the Temporary Easement granted and <br />conveyed in this Agreement provided that the Grantor receives title to all or part of the Temporary <br />Easement Area after the recording of this Agreement. <br /> <br /> This Temporary Construction Easement Agreement shall terminate upon completion of the <br />public improvement project to install the public utility and the one year warranty period for the project <br />has expired. <br /> <br /> This Temporary Construction Easement Agreement may be simultaneously executed in <br />several counterparts, each of which shall be an original and all of which shall constitute but one and <br />the same instrument. <br /> <br /> IN TESTIMONY WHEREOF, the Grantor and the Grantees have caused this Temporary <br />Construction Easement Agreement to be executed as follows: <br /> <br /> <br />GRANTOR: <br /> <br />INDUSTRIAL UTILITIES <br /> <br /> By: <br /> <br /> Its: