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way is connected with or incident to the exercise of GRANTEE'S rights on, over, and across the
<br /> Easement Area. Notwithstanding the foregoing, this provision is not intended to waive
<br /> GRANTOR's or GRANTEE's statutory and common-law rights to limitations and defense on
<br /> liability.
<br /> 8. GRANTEE hereby covenants and warrants that it shall not use, employ, deposit,
<br /> store, dispose of, place or otherwise release on the Easement Area, in connection with the
<br /> exercise of its rights under this Easement, any hazardous substance, hazardous waste or
<br /> pollutant or contaminant as such terms are defined under any federal, state or local statute,
<br /> ordinance, rule, code or regulation, nor shall it create or permit any condition on the Easement
<br /> Area that could present a threat to human health or to the environment. GRANTEE agrees to
<br /> indemnify defend and hold GRANTOR and its successors and assigns harmless against any and
<br /> all liability, loss, cost, damage or expense resulting from or due to the release of or threatened
<br /> release of hazardous substances, hazardous wastes or any pollutants or contaminants or any
<br /> other environmentally regulated materials, including petroleum products and the various
<br /> constituents thereof, which were, or are claimed or alleged to have been used, employed,
<br /> deposited, stored, disposed of, placed or otherwise released on or from the Easement Area by
<br /> GRANTEE, its employees, agents, contractors or representatives. Notwithstanding the
<br /> foregoing, this provision is not intended to waive GRANTOR's or GRANTEE's statutory and
<br /> common-law rights to limitations and defense on liability.
<br /> 9. GRANTOR reserves the right to use and occupy the Easement Area and shall have the
<br /> right to agree to other occupations of the Easement Area by one or more persons or firms,
<br /> provided, however, such uses shall not unreasonably interfere with the easement rights granted
<br /> hereunder.
<br /> 10. GRANTEE, and not GRANTOR, is responsible at its sole cost for the design,
<br /> construction and maintenance of the Alley, including the installation and maintenance of
<br /> advance warning signs and pavement markings in accordance with the Minnesota Manual on
<br /> Uniform Traffic Control Devices (MMUTCD) as may be needed at present or in the future due to
<br /> GRANTOR's adjacent use of the Corridor.
<br /> 1 1 . This grant of easement is conditioned upon the premise that use of the Alley and
<br /> exercise of the rights granted under this.- Agreement shall not adversely affect future
<br /> transportation uses and other use of the Corridor for transportation purposes including without
<br /> limitation, rail, bus, bicycle and foot travel, for the location of communication facilities, including
<br /> fiber optics and for other future transportation uses or other future public uses.
<br /> 12. The rights herein granted are subject to existing rights of way, whether or not of
<br /> record, for highway, roads, railroads, pipelines, canals, laterals, ditches and fiber optic, electrical
<br /> or other transmission lines, and should it, at any time, become necessary because of
<br /> GRANTEE`s use of the Easement Area to relocate any of said facilities by reason of GRANTEE'S
<br /> exercise of the rights granted herein, GRANTEE, and not GRANTOR, shall bear and pay the cost
<br /> of so doing.
<br /> GRANTEE also accepts said Easement Area subject to any want or failure at any time of
<br /> GRANTOR's title to said Easement Area or any part thereof and GRANTEE shall assume any
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