RecD08 2008-079970 - Laserfiche WebLink

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, proceedings, costs, including attorneys' fees, judgments, orders, decrees, damages, or liabilities of any type or kind arising out of or in any way connected with Grantee's entry onto the Westport Property and/or any act, omission or other conduct of the Grantee or any agents, contractors, invitees, licensees or other representatives of Grantee on or at the Easement Area and/or the Westport Property. Grantee acknowledges that it has a full understanding of the physical conditions present in the Easement Area and the property of which the Easement Area forms a part and accepts the grant set forth in this Grant of Easement subject to such physical condition and subject to the various recorded agreements and the governmental development restrictions and covenants which regulate and restrict improvements and activity within both the Easement Area and the Westport Property (collectively the "Regulating Agreements"). Grantee acknowledges that it is a party to some, but not all of the Regulating Agreements, and that some, but not all of the Regulating Agreements are recorded in the Official Records of the San Mateo County's Recorder's Office. Grantee is familiar with and agrees to be bound by and conduct all its activities on or at the Property in full accordance with all the Regulating Agreements whether or not a party to the respective document and whether or not the respective document is recorded. Grantor and Grantee are concurrently with the execution of the Grant of Easement also entering into that certain Recycled Water Construction and Retrofit Agreement between Grantor and Grantee ("the Recycled Water Agreement") and are entering into this Grant of Easement in consideration of such Recycled Water Agreement. Under the Recycled Water Agreement, Grantor and Grantee each have certain monitoring and operational obligations. Subject to the obligations under the Recycled Water Agreement, Grantor, at its sole cost, shall be responsible for maintaining, repairing and replacing its own piping, facilities, improvements and installations on the Westport Property which will connect into those of Grantee located on the Easement Area and Grantee, at its sole cost, shall maintain, repair and replace all its piping, facilities, improvements and installations in, on, or at the Easement Area. If Grantee fails to so maintain the Easement Area, Grantor may, but shall not be obligated to provide written notice thereof to Grantee. If Grantor gives such notice and such condition is not corrected within sixty (60) calendar days, or if such condition cannot reasonably be corrected within such time period, if correction is not commenced within such sixty (60) calendar days and thereafter diligently and in good faith pursued, Grantor may, upon written notice, replace, repair and/or maintain the Easement Area, as appropriate, and Grantee shall promptly reimburse Grantor for all expenses, costs, and liabilities incurred in performing or causing the performance of the replacement, repair and/or maintenance together with interest thereon at the rate of ten percent (10%) per annum. PREII0052.2159_5 - 2 -