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10 LIABILITIES, TAXES, AND ENVIRONMENTAL COMPLIANCE
<br />10.1 Liabilities and Insurance. Grantor retains all responsibilities and shall bear all costs
<br />and liabilities of any kind related to the ownership, operation, upkeep, and maintenance
<br />of the Protected Property, including the maintenance of adequate liability insurance
<br />coverage. Proof of such insurance shall be provided to Grantee and Co -Grantee, and
<br />provide for at least thirty (30) days notice to Grantee and Co -Grantee before
<br />cancellation and that the act or omission of one insured will not invalidate the policy
<br />as to the other insured party. The Parties release and relieve the other, and waive their
<br />entire right to recovery for loss or damage to the extent that the loss or damage is
<br />covered by the injured party's insurance. This waiver applies whether or not the loss
<br />is due to the negligent acts or omissions of Grantor, Grantee or Co -Grantee. Grantor
<br />remains solely responsible for obtaining any applicable governmental permits and
<br />approval for any construction or other activity or use permitted by this Easement, and
<br />all such construction or other activity or use shall be undertaken in accordance with all
<br />applicable federal, state, and local laws, regulations, and requirements. Grantor shall
<br />keep the Protected Property free of any liens arising out of any work performed for,
<br />material furnished to, or obligations incurred by Grantor; provided that the Protected
<br />Property shall be deemed to be free of such liens if i) Grantor or Grantee, as the case
<br />may be, is diligently challenging the application of such liens to the Protected Property;
<br />or ii) such liens are subordinated to this Easement and do not require any action or
<br />inaction inconsistent with the Purpose and terms of this Easement.
<br />10.2 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, charges of
<br />whatever description levied on or assessed against the Protected Property by competent
<br />authority (collectively "taxes"), including any taxes imposed upon, or incurred as a
<br />result of, this Easement, and shall furnish Grantee and Co -Grantee with satisfactory
<br />evidence of payment upon request.
<br />10.3 Liability. Grantor shall hold harmless, indemnify, and defend Grantee, Co -Grantee,
<br />each Beneficiary to this Easement, and their members, directors, officers, employees,
<br />agents, and contractors(collectively, "Indemnified Parties") from and against any and
<br />all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
<br />demands, or judgments, including, without limitation, reasonable attorneys' and
<br />consultants' fees, arising from or in any way connected with injury to or the death of
<br />any person, or physical damage to any property resulting from any act, omission,
<br />condition, or other matter (including the release of hazardous or toxic substances)
<br />related to or occurring on or about the Protected Property that is not a consequence of
<br />any action or omission of any of the Indemnified Parties on or about the Protected
<br />Property.
<br />10.4 Representations and Warranties. Grantor represents and warrants that, to the best
<br />of Grantor's knowledge:
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