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consent on the part of Grantee to such Improvements. In addition, no such failure by Grantee to remove <br />or otherwise object to such Improvements shall be deemed a waiver of Grantee's right to remove any <br />such Improvements without further notice or compensation to Grantor. No waiver by Grantee of any <br />provision hereof, nor any approval of Grantee required herein, shall be deemed to have been made unless <br />made in writing and signed by an authorized representative of Grantee. <br />Grantor further agrees to contact the Utility Notification Center of Colorado (1- 800 - 922 - 1987), or any <br />similar one -call utility line locator system which may replace or supplement it, at least four business days <br />(or such longer time if required by applicable law) prior to the commencement of construction or <br />excavation on the Easement Area to arrange for field locating of Facilities. <br />Non -use or a limited use of the Easement Area shall not prevent Grantee from thereafter making use of <br />the Easement Area to the full extent herein authorized. Following completion of construction or <br />renovation of its Facilities on the Easement Area, Grantee shall restore the surface of the Easement Area <br />to as near a condition as existed prior to such work as is reasonably practicable, taking into account, <br />atnong other things, the existence of the Facilities and the restrictions stated herein, including <br />prohibitions or limitations on structures, trees, shrubs, and other objects. <br />No amendment, modification or supplement of this Easement shall be binding on Grantee unless made in <br />writing and executed by an authorized representative of Grantee (or its successor or assign, if applicable). <br />The provisions of this Easement shall run with the land and shall be binding on and burden the Easement <br />Area and shall be binding on and shall inure to the benefit of all persons claiming an interest in the <br />Easement Area, or any portion thereof, through the parties hereto, including the heirs, executors, <br />administrators, personal representatives, successors, and assigns of Grantor and Grantee. "Grantor" shall <br />include the singular, plural, feminine, masculine and neuter. <br />Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to sell, <br />transfer, convey and grant the easement and rights contained in this Easement. This grant is binding on <br />Grantor, is not conditioned upon obtaining the consent of any third party, and is not subject to any <br />mortgages or liens, except those for which Grantor has provided Grantee with a consent and <br />subordination agreement, executed by such mortgagee or lien holder and attached hereto. <br />This Easement incorporates all agreements and stipulations between Grantor and Grantee as to the <br />subject matter of this Easement and no prior representations or statements, verbal or written, shall <br />modify, supplement or change the terms of this Easement. The title of this document is inserted for <br />convenience only and does not define or limit the rights granted pursuant to this Easement. This <br />Easement consists of the document entitled "Gas Easement" and an Exhibit containing a legal description <br />and a sketch depicting the legal description if referenced above or attached hereto, and if attached hereto, <br />a Consent and Subordination. No other exhibit, addendum, schedule or other attachment (collectively <br />"Addendum ") is authorized by Grantee, and no Addendum shall be effective and binding upon Grantee <br />unless separately executed by an authorized representative of Grantee. <br />[signature pages follow] <br />PSCo HP Gas Fotm 04111 <br />