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Jud-22-99 08: 59A � f{ P _ 12 <br /> LrrGV RVI.1 CI'1�. 7�JlJ•ILVL IJ viir�. ii u�-r ,...r,.. " i+ <br /> �i <br /> punitive darnagos. The non-prevailing party shall promptly pay the prevailing party all costs and reasonable <br /> attorneys'fees incurred by the prevailing patty in any action.brought under this Agreement. <br /> 8. KQQQF.aseMel7l Alen_ .Icar and No Jmyainncnt by&ispx <br /> Grantor agrees that it will not in any wary impair, interfere with, bui(d an improvement on. cover or obstruct <br /> the Easement area granted herein, including but.not limited to planting trees or shrubs,.building, excavating, <br /> constructing. installing,erecting, piling, or creating any foundations, dumps, mounds, building% structures, <br /> or improvements on the Faasement, nor permit.others to do the same, or change the grade over any of the <br /> Facilities constructed hereunder ("Obstruction") without tate prior written consent of Grantee. Should <br /> Grantor violate the provisions of.this Section, Qmntee shall have the right to clear or remove said <br /> Obstruction, or recover damages from Grantor. <br /> Grantor shall indemnify, defend, and hold Granwc and its aff-iliates harmless from and against any and all <br /> loss, cost, dalriagc, or expense, including reasonable attorneys' fees, that may arise from Grantor's breach <br /> of its obligations under I ii.s Section. <br /> 9. Company Pr9verty <br /> lJnlc-,s the par-tics otherwise agree in writing,the Facilities shall at all times remain the personal property of <br /> Grantee,notwithstanding that they may he annexed or fixed to the land and may at any tune and from time <br /> to time be removed in whole or in part by Grantee. <br /> 10. Vora n <br /> Grantor represents and warrants that Grantor holds a fee intuest in the land and that Grantor is authorized <br /> and empowered by such interest to properly and lawfully Rrant this, Fa_sement to Grantee_ Grantor shall <br /> I <br />