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<br />6.1 F <br />Page 5 of 24 <br /> <br />proceedings, costs, including attorneys' fees, judgments, orders, decrees, <br />damages, or liabilities of any type or kind arising out of or in any way connected <br />with Grantee's entry onto the Westport Property and/or any act, omission or other <br />conduct of the Grantee or any agents. contractors, invitees, licensees or other <br />representatives of Grantee on or at the Easement Area and/or the Westport <br />Property. <br /> <br />Grantee acknowledges that it has a full understanding of the physical conditions <br />present in the Easement Area and the property of which the Easement Area <br />forms a part and accepts the grant set forth in this Grant of Easement subject to <br />such physical condition and subject to the various recorded agreements and the <br />governmental development restrictions and covenants which regulate and restrict <br />improvements and activity within both the Easement Area and the Westport <br />Property {collectively the "Regulating Agreements"}. Grantee acknowledges that <br />it is a party to some, but not all of the Regulating Agreements, and that some, but <br />not all of the Regulating Agreements are recorded in the Official Records of the <br />San Mateo County's Recorder's Office. Grantee is familiar with and agrees to be <br />bound by and conduct all its activities on or at the Property in full accordance <br />with all the Regulating Agreements whether or not a party to the respective <br />document and whether or not the respective document is recorded. <br /> <br />Grantor and Grantee are concurrently with the execution of the Grant of <br />Easement also entering into that certain Recycled Water Construction and <br />Retrofit Agreement between Grantor and Grantee ("the Recycled Water <br />Agreement") and are entering into this Grant of Easement in consideration of <br />such Recycled Water Agreement. Under the Recycled Water Agreement, <br />Grantor and Grantee each have certain monitoring and operational obligations. <br /> <br />Subject to the obligations under the Recycled Water Agreement, Grantor, at its <br />sole cost, shall be responsible for maintaining, repairing and replacing its own <br />piping, facilities, improvements and installations on the Westport Property which <br />will connect into those of Grantee located on the Easement Area and Grantee, <br />at its sole cost, shall maintain, repair and replace all its piping, facilities, <br />improvements and installations in, on, or at the Easement Area. If Grantee fails <br />to so maintain the Easement Area, Grantor may, but shall not be obligated to <br />provide written notice thereof to Grantee. If Grantor gives such notice and such <br />condition is not corrected within sixty (60) calendar days, or if such condition <br />cannot reasonably be corrected within such time period, if correction is not <br />commenced within such sixty (60) calendar days and thereafter diligently and in <br />good faith pursued, Grantor may, upon written notice, replace, repair and/or <br />maintain the Easement Area, as appropriate, and Grantee shall promptly <br />reimburse Grantor for all expenses, costs, and liabilities incurred in performing or <br />causing the performance of the replacement, repair and/or maintenance together <br />with interest thereon at the rate of ten percent (10%) per annum. <br /> <br />PREI 10052.2159_5 <br /> <br />- 2- <br />