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<br /> (g) Repairin D�amage. 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) Coordination. Grantee agrees to coordinate all activities regarding the
<br /> easements granted herein to reasonably minimize any interference and inconvenience with the
<br /> use by PG&E of the Easement Area and PG&E's adjoining lands, and;
<br /> (i) PG&E Right to Cure. Grantee agrees that if Grantee fails to perform any
<br /> act or other obligation on its part to be performed hereunder, and such failure is not remedied
<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 existing
<br /> circumstances), PG&E may (but without obligation to do so, and without waiving or releasing
<br /> Grantee from any of its obligations) perform any such act or satisfy such obligation, or otherwise
<br /> remedy 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. Indemnification; Release.
<br /> (a) Grantee shall, to the maximum extent permitted 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 to, diminution in value), actions, demands, damages, costs,
<br /> expenses (including, but not limited to, experts fees and reasonable attorneys' fees and costs) and
<br /> liabilities of whatever kind 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 performance of, or failure
<br /> to perform, Grantee's duties under this Agreement, including, but not limited to, Claims arising out
<br /> of: (1) injury to or death of persons, including but not limited to employees of PG&E or Grantee
<br /> (and including, but not limited to, injury due to exposure to EMFs and other Potential
<br /> Environmental Hazards in, on or about the Easement Area or the larger parcel of property
<br /> containing the Easement Area); (2) injury to property or other interest of PG&E, Grantee or any
<br /> third party; (3)violation of any applicable federal, state, or local laws, statutes, regulations, or
<br /> ordinances, including all Legal Requirements relating to human health or the environment, and
<br /> including any liability which may be imposed by law or regulation without regard to fault;
<br /> exceptin�y with respect to any Indemnitee, to the extent of any Claim arising from the sole
<br /> negligence or willful misconduct of such Indemnitee. Without limiting the generality of the .
<br /> foregoing, Grantee shall, to the maximum extent pernutted by law, indemnify, protect, defend and
<br /> hold Indemnitees harmless from and against Claims arising out of or in connection with any work
<br /> of improvement constructed or installed at or on, labor performed on, or materials delivered to, or
<br /> incorporated in any improvements constructed on, the Easement Area by, or at the request or for
<br /> the benefit of, Grantee. In the event any action or proceeding is brought against any Indemnitee
<br /> for any Claim against which Grantee is obligated to indemnify or provide a defense hereunder,
<br /> Grantee upon written notice from PG&E shall defend such action or proceeding at Grantee's sole
<br /> expense by counsel approved by PG&E, which approval shall not be unreasonably withheld,
<br /> conditioned 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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