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Ju11 -22-99 08 - 59A
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<br /> subsurface appurtenances and facilities as arc reasonably necessary or rcquircd in the judgement of the
<br /> Granteo for the operation of said facilitie,-.
<br /> Said rights granted above shall not be deemed abandoned or forfeited by Grantee due to the temporary
<br /> idling, nonuse, abandonment, or removal of any or all pipelines) or the nonuse of the rights granted lierein
<br /> for any Period of time.
<br /> 2. Right oflnrgress and Egress
<br /> This Easement:shall carry with it the right of ingress and egress to, from, over and across the Property, witl,
<br /> the right to use existing roads or other practical route(s)to reach the Easement or, during temporary periods.
<br /> use additional portions of the Property along and adjacent to the Easement to carry out the rights granted
<br /> hereunder; provided, however, Grantee's rights of ingress and egress, and use of additional property shall
<br /> not unreasonably interfere with the operations of Grantor,
<br /> 3. sponsibilily for��SPensetlCosts
<br /> The Operation of Grantee's )=acilitics shall be at Grantee's sole cost and expense, except as set forth in
<br /> Section 4 (Relocation), and except to the extent such Operation by Grantee is required as a result of the
<br /> act's, omissions, negligence, willful misconduct. or breach of this Agreement by Cirnntor or by Grantor's
<br /> agents, invitees, employees,or contractors.
<br /> 4. Relocation
<br /> Should Grantor, at any future date, reasonably desire that Grsntee relocate any portion of the Facilities,
<br /> which shell include but not be limited to a lowering of the Facilities, and including any additional pipelines
<br /> added to the Easement subsequent to tJtc date of this Agreement said relocatiurt shall be performed by
<br /> Grantee at the sole cost and expense of Grantor, including all liability arising out of or resulting from such
<br /> relocation. The new easement shall be granted to Grantee at no cost, anal tate new location shall be mutually
<br /> agreed upon by Grantor and Grantee, in tate reasonable exercise of their discretion. Grantor shall provide
<br /> Grantee with a minimum.of 1.80 days notice of it-s desire to have Grantee relocate its Facilities.
<br /> 5. Additional Pipelines
<br /> This Easement provides Grarime with the right to lay additional pipelines of any diameter within the
<br /> Easement at routes selected by Grantee. Within sixty (60) days following any such installation., Gran.tec
<br /> shall pay Grantor the same consideration as abuve expressed for eae)) addibortal pipeline and its
<br /> appurtenant faail.itics installed after the in.iti.a.l.pipeline.
<br /> 6. Damages
<br /> G=tr-c shall repair, restore or compensate Grantor tar all damage to growing crops, pasture, timber,
<br /> fences, buildings, wildlife, livestock, improvements, canals, roads, and landscaping caused by Grantee's
<br /> usage of the Easement, except to the extent: (a) such damage is caused by the acts, omissions, negligence
<br /> or willful misconduct of Grantor, its agents; invitees, employees, or contractors, or (b) such damage is
<br /> caused by or to an unauthorized improvement to the Easement as prohibited under Section 8 (Keep
<br /> Easement Area Clear).
<br /> 7. Disoutc Resolution
<br /> In the event of any dispute, claim, question or disagreement ("Claim") arising out of or related to this
<br /> Agreement or die breach thereof, the parties shall use their best efforts to settle such Claim. To this effect
<br /> they shall consult and negotiate with etch other, in good faith snd, recognizing their mutual interest.s,
<br /> attempt to reach a solution satisfactory to both parties.
<br /> If the parties arc unable to reach a solution, then upon notice by either party to t))e other, the parties agrcc
<br /> to meet and consider submitting said Claim to mediation or arbitration. Should tlic parries decide to pursue
<br /> arbitration, they agrcc it shall be binding and that no award or decision resulting therefrom sh-all include
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