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GRANTOR requires that the Alley, or portion of Alley, be changed, altered, or removed for any <br /> reason, GRANTEE shall deliver to GRANTOR a release of the easement, or a release of a portion <br /> of the easement as applicable, suitable for recordation. <br /> GRANTEE acknowledges and agrees that no further processes or vacation proceedings <br /> are or will be, necessary to put into effect termination of this easement, and if any is required, <br /> GRANTEE hereby unconditionally consents to said vacation or termination as a part of the <br /> consideration for the granting of this easement. The granting of this easement shall not be <br /> deemed a dedication by statute or common law, nor shall continued use and maintenance of the <br /> Easement Area create a roadway accruing to the public or any individual in the meaning of <br /> Minn. Stat. Sec. 160.05, subd. 2. <br /> GRANTEE, and not GRANTOR, shall be responsible for all maintenance (including without <br /> limitation, trash and snow removal, weed control and removal of diseased, dead or hazardous <br /> trees), all permitted improvements, special assessments and all costs related thereto, and all <br /> other costs related in any other manner to use of the Easement Area or any required relocation <br /> of the Alley or termination of the easement. <br /> GRANTEE, and not GRANTOR, shall be responsible for the payment, if any, of relocation <br /> benefits or costs or just compensation due to third parties resulting from termination of the <br /> easement rights granted by this agreement. Notwithstanding the foregoing, this easement <br /> agreement is not intended to create rights in third party beneficiaries other than that to the <br /> general public for use of the Easement Area as a public alley until such date this easement <br /> agreement is terminated by GRANTOR. <br /> 4. GRANTEE and its contractors shall not unreasonably interfere with use of the Corridor <br /> for transportation or other public purposes except with consent of GRANTOR which consent <br /> shall not be unreasonably withheld. GRANTEE'S use of the Easement Area is subservient to all <br /> federal laws and rec�ulations governing rail operations on the Corridor. <br /> 5. Prior to construction of any modification or relocation of the Alley, GRANTEE shall <br /> submit its plans to GRANTOR for review and comment. GRANTOR reserves the right to reject <br /> any plans for construction proposed by GRANTEE on the grounds, in GRANTOR's sole <br /> discretion, that said plans are inappropriate or incompatible with its present or future use of the <br /> Corridor. No work shall be done or obstruction placed over any track or pathway on the <br /> Corridor unless GRANTEE has arranged to furnish, at GRANTEE's or its contractors' expense, <br /> such flagging as GRANTOR deems necessary for protection of railroad or other transportation <br /> operations on the Corridor. Such flagging shall not relieve GRANTEE or its contractors from any <br /> liability. <br /> 6. The rights granted herein shall be effective upon full execution of this Agreement <br /> subject to the rights of those certain parties identified in section 14. <br /> 7. GRANTEE agrees to indemnify, defend and hold GRANTOR and its officers, directors <br /> and employees harmless from and against all liability, loss, cost, damage or expense of every <br /> nature including, without limitation, attorneys' fees, whether or not suit be brought, resulting <br /> from injury to or death of persons or loss or destruction to property which arises out of or in any <br /> 3 <br />