R2024-004 - Laserfiche WebLink

Home Browse Search

Flte(] lof r(ecof U VltZ4tZVZ4+UV.|Z.J I /F\lVl - l\lttltas UOUTILyT VVAliu()lt(Jl - ZVZ4VIZ+VW I fage ZOI J 2. Access. PSE shall have a reasonable right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 3. Easement Area Clearlng and Maintenance. PSE shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in tfre Easement Area. PSE shall also have the right to control, on a continuing basis and by any prudent and ieasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 4. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's reasonable judgment cau,se damage to PSE's systems and/or prbsent a hazard to the general public health, safety or welfare as defined in RCW 64'12.035. PSE slrall, exceptintheeventof anemergency, priortotheexerciseof such right, identifysuchtree_sand makea reasonable effort to give Owner prior notice thafsuch trees will be cut, trimmed, removed or disposed. Owner stall be entitled to compenJation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. 5. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably prac1cable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition exlsting immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations under this paragraph as Soon as reasonably possible after the completion of PSE's work. 6. Owner's Use of Easement Area, Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not perform the following activities without PSE's priorwritten consent: (ljexcavate within or otherwise change the grade of the EasementArea; (2) construct or maintain any buildings, structures or other objects on the Easement Area; and/or (3) conduct any blasting within 300 feet of PSE's facilities. 7. lndemnity. PSE agrees to indemniff Owner from and against liability incuned by Owner as a result of PSE's negligence, or ihe negligence of PSE's employees, agents or contractors in the exercise of the rights herein granted to p-Se, but nothing herein shall require PSE to indemniff Owner for that portion of any such liability attributable to the negligence of Owner, its employees, agents or contractors or the negligence of third parties. 8, Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms of this Easement shall be entitled to recover its reasonable attorneys'fees and costs incurred in said suit, including on appeal. 9. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors and permitted assigns of the paffes. PSE may not assign or otherwise transfer any of its rights, obligations or interest under this Easement without the prior written consent of Owner, which consent may not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this Easement to an affiliate or in connection with a merger, acquisition, corporate reorganization, sale of assets or other change in control' 10. Complete Agreement; Amendment; Gounterparts. This Easement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement. This Easement mjy not be amended except by a wriften document executed by the authorized representatives of Owner and PSE. This Easement may be executed in counterparts, each of which shall be treated as an original for all purposes and all executed counterparts shall constitute one agreement. 11. Warranty and Representation of Authorlty. The parties each represent to the other that the person or persons executing this Easement have authority to do so and to bind the parties hereunder. All consents, permissions and approvals related to this Easement, and the obligations hereunder, have been obtained. Owner further warrants to psE that it has the necessary right, title and intereits in the Property to grant the easement rights set forth herein. 1 2. Severability. lnvalidation of any of the provisions contained in this Easement, or of the application thereof to any person, by judgm6nt or court order, shall in no way affect any of the other provisions thereof or the application therebftoanyotnerpersonandthesameshall remaininfull forceandeffect. lfaprovisionisfoundtobeunenforceable or invalid, thit provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate the purpose of this agreement. PSE Easement 2021 wo 105104367 / RW-132401 Page 2 of 3