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transmission Imes or other utility facilities shall be constructed or allowed on the Property,
<br />without the written consent of Grantee, which consent shall be in Grantee's sole discretion Any
<br />such permitted utility transmission lines or facilities shall be constructed so as to mimmlze the
<br />impact on the purpose of this Easement
<br />11 Water Rights Grantor shall not transfer, encumber, lease, sell, or otherwise
<br />separate any surface or sub -surface water nghts from the Property
<br />12 Rinanan Features Grantor shall not remove, alter, impair, modify or make any
<br />adverse change to any ditch, creek, stream, nver, stream channel, npanan comdor, wetland,
<br />pond or lake edge, except as otherwise permitted m this Easement and except to the minimal
<br />extent necessary for a ditch company to maintain its ditches or for Grantor to beneficially use the
<br />Water Rights on the Property
<br />13 Indemnity To the extent permitted by law, Grantor shall indemnify and hold
<br />harmless Grantee from any and all claims, suits, actions, damages and causes of action arising
<br />from the use of the Property or any environmental condition ansmg on the Property for personal
<br />injury, loss of life, or damage to property sustamed, m or upon the Property or ansmg out of the
<br />• use of the Property or any environmental condition ansmg on the Property, and from and against
<br />all costs, attorneys' fees, expenses and liabilities incurred in and about any such claims, the
<br />investigation thereof or the defense of any action or proceedings brought thereon, and from any
<br />judgments, orders, decrees, or hens, resultant therefrom by virtue of the use of the Property or
<br />any environmental condition on the Property ansmg out of actions by Grantor or persons under
<br />Grantor's direction or control, or with Grantor's acquiescence By requiring this nght to
<br />indemnification, Grantee m no way waives or intends to waive the limitations on liability which
<br />are provided to Grantee under the Colorado Governmental Immunity Act, C R S §§ 24-10-101,
<br />et seq
<br />14 Grant m Perpetuity. This Easement and the covenants as set forth herein shall run
<br />with the land and be binding upon the Parties thereto, their heirs, successors, representatives, and
<br />assigns, and all persons who may hereafter acquire an interest in the Property It is intended that
<br />this Easement and any other interests created under this Easement vest immediately
<br />15 Severability If any provision of this Easement or the application thereof to any
<br />person or circumstance is found to be invalid, the remainder of the provisions of this Easement
<br />and the application of such provisions to persons or circumstances other than those as to which it
<br />is found to be invalid, shall not be affected thereby.
<br />16 Amendment of Easement If circumstances arse under which an amendment
<br />would be appropriate, Grantor and Grantee may jointly amend this Easement, except that any
<br />such amendment shall be consistent with the purposes of this Easement and its conservation
<br />prmciples. Any such amendment shall not affect this Easement's perpetual duration, shall not
<br />permit additional development currently prohibited by this Easement, and shall not impair the
<br />Mayhoffer 3 IGA
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