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6.1. G. - Page 11
<br /> (g) RepairinQ Dama e. Grantee agrees to repair any damage it may cause to
<br /> PG&E's facilities and improvements in or around said Easement Area;
<br /> (h) Goordination. Grantee agrees to coordinate all activities regarding the
<br /> easements granted herein to reasonably nunimize any interference and inconveiuence with the
<br /> use by PG&E of the Easement Area and PG&E's adjoining lands, and;
<br /> (i) PG&E Ri�ht to Cure. Grantee agrees that if Gra�ltee fails to perform any
<br /> act or other obligation on its part to be performed hereunder, and such failure is not reinedied
<br /> within forty-five (45) days following notice from PG&E (or in the case of an emergency,
<br /> following such notice, if any, as may be reasonably practicable under the existin�
<br /> circumstances), PG&E may (but without obligation to do sq and without waiving or releasing
<br /> Grantee from any of its obligations) perform any such act or satisfy such obligation, or otherwise
<br /> ren7edy such emergency or such failure on the part of Grantee. All costs incurred by PG&E in
<br /> responding to or remedying such failure by Grantee shall be payable by Grantee to PG&E on
<br /> demand.
<br /> 6. liidemiufication; Release.
<br /> (a) Grantee shall, to the inaximum extent pernutted by law, indemnify, protect,
<br /> defend and hold harmless PG&E, its parent corporation, subsidiaries and affiliates, and their
<br /> respective officers, managers, directors, representatives, agents, employees, transferees, successors
<br /> and assigns (each, an "Indemnitee" and collectively, "Indemnitees") from and against all claims,
<br /> losses (including, but not limited tq diminution in value), actions, den7a�lds, damages, costs,
<br /> expenses (including, but not liinited to, experts fees and reasonable attorneys' fees and costs) and
<br /> liabilities of whatever lcind or nature (collectively, "Claims"), which arise from or are in any way
<br /> connected with the occupancy or use of the Easement Area by Grantee or Grantee's
<br /> Representatives, or the exercise by Grantee of its rights hereunder, or the performai7ce of, or failure
<br /> to perform, Grantee's duties under this Agreement, including, but not linuted to, Claims arising out
<br /> o£ (1) injury to or death of persons, including but not limited to einployees of PG&E or Grantee
<br /> (ai7d including, but not limited to, injury due to exposure to EMFs and other Potential
<br /> Enviroiunental Hazards in, on or about the Easement Area or the larger parcel of property
<br /> contaiiung the Easement Area); (2) injury to properry or other interest of PG&E, Grantee or any
<br /> third parry; (3) violation of any applicable federal, state, or local laws, statutes, rem�lations, or
<br /> ordinances, including all Legal Requirements relating to human health or the environii7ent, and
<br /> including any liability wluch may be imposed by law or regulation without regard to fault;
<br /> exceptin� on1X with respect to any lildemiutee, to the extent of any Claim arising from the sole
<br /> negligence or willfiil misconduct of such li7demiutee. Without limiting the generality of the
<br /> foregoing, Grantee shall, to the maximum extent pernutted by law, indemnify, protect, defend and
<br /> hold Indemiutees harmless froin and against Claims arising out of or in comlection with a�7y worlc
<br /> of in�provement constnicted or installed at or on, labor performed on, or inaterials delivered to, or
<br /> incorporated in any improveinents constructed on, the Easeinent Area by, or at the request or for
<br /> the benefit of, Grantee. li7 the event any action or proceeding is brought against any li7demiutee
<br /> for a�ly Claim against wluch Grantee is obligated to indenuufy or provide a defense hereunder,
<br /> Grantee upon written notice froin PG&E shall defend such action or proceeding at Grantee's sole
<br /> expense by counsel approved by PG&E, wluch approval shall not be unreasonably withheld,
<br /> coi7ditioned or delayed.
<br /> ATTY/AGR/2012.046/BAIR TRIAL EASEMENT
<br /> REV:04-18-12 VR
<br /> Page 7 of 24
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