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("Reclamation Plan"), the provisions of which shall be administered and enforced by the
<br />County of Boulder for and on behalf of Grantor.
<br />4.6 Upon completion of the project, Grantee shall remove all equipment,
<br />materials, and supplies and shall leave the Open Space in its original or better condition
<br />and void of all hazards including but not limited to hazardous changes in topography,
<br />such as holes, ruts, and dirt piles.
<br />5. Indemnity and non -waiver of Governmental Immunity. To the extent permitted by
<br />law, Grantee shall hold harmless and indemnify Grantor and its employees, agents, contractors,
<br />and elected and appointed officials for any and all liability, liens, or other costs and/or losses
<br />arising from Grantee's use of the Easement Property; provided that the foregoing indemnity shall
<br />not apply to extent caused by acts or omissions of Grantor, its agents, employees, contractors or
<br />invitees. This indemnity shall include all costs, attorney fees, expenses and liabilities incurred in
<br />connection with any such potential claims, the investigation thereof or the defense of any action
<br />or proceedings brought thereon, and any judgments, orders, decrees, or liens, resulting therefrom,
<br />but not to the extent caused by acts or omissions of Grantor, its agents, employees, contractors or
<br />invitees. Neither Grantor, nor Grantee in any way waives or intends to waive any of the
<br />limitations on liability which are provided to them under the Colorado Governmental Immunity
<br />Act, C.R.S., §§ 24-10-101, et seq., as currently enacted or subsequently amended.
<br />6. Mechanic's Lien. Nothing contained herein shall authorize Grantee, or any person
<br />or entity acting through, with or on behalf of Grantee, to subject the Easement Property or any
<br />portion of the Easement Property or of Grantor's Property, to mechanic's liens. If any such lien
<br />shall be filed against the Easement Property or any portion of Grantor's Property and Grantee
<br />has caused such lien, Grantee shall cause the lien to be discharged. In the event that such lien is
<br />not discharged within twenty (20) days after receipt of written notice of the lien by the Grantee,
<br />then Grantor, at its option, and at the cost and expense of the Grantee, may enter into, defend,
<br />prosecute or pursue any effort or action (whether or not litigation is involved) which Grantor
<br />deems necessary to defend Grantor's Property from and against such lien.
<br />7. Enforcement and Restoration. Grantor may exercise immediate reasonable
<br />enforcement, restoration, and conservation actions when such actions are warranted for the
<br />protection and preservation of Grantor's Property. Should an activity be undertaken on the
<br />Easement Property to which the parties have not agreed, Grantor may require Grantee to
<br />immediately cease and desist from such activity. In such case, if the unauthorized activity was
<br />performed by Grantee, its employees, agents, guests, or invitees, the cost of any restoration of
<br />Grantor's Property shall be borne by Grantee.
<br />8. Grantor's Reserved Rights. Grantor reserves the right to use and occupy the
<br />Easement Property for any lawful purpose consistent with the rights and privileges granted
<br />herein which will not interfere with or endanger Grantee's use of the Easement Property.
<br />Grantee's use of the Easement Property shall be non-exclusive, and Grantee shall have no rights
<br />Callahan Open Space Access and Utility Easement
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