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6. No Surface Impact; Notice. Grantee shall ensure that any contractor or agent of Grantee's
<br />working on the Utility Line shall not use or impact the surface of the Easement Property.
<br />Grantee shall notify County, Lafayette, and Louisville, as noted in Paragraph 13 of this
<br />Easement, immediately if any significant environmental, historical or cultural resources are
<br />encountered within the Easement Property during any construction or maintenance activity.
<br />7. Liability. Grantee shall indemnify and save harmless Grantor from and against any and all
<br />claims, suits, actions, damages and causes of action for personal injury, loss of life, or damage to
<br />property sustained in, or upon the Easement Property arising out of Grantee's entry and presence on
<br />said premises or its activities thereon to the extent, but only to the extent, caused by Grantee, its
<br />employees, agents, and contractors (but in no event shall the foregoing apply to acts that constitute
<br />negligence or willful misconduct of Grantor, its employees, agents, guests and invitees). . This
<br />indemnity shall include all costs, attorney fees, expenses and liabilities incurred in connection with
<br />any such claims, the investigation thereof or the defense of any action or proceedings brought
<br />thereon, and any judgments, orders, decrees, or liens, resulting therefrom. By requiring this right to
<br />indemnification, Grantor in no way waives or intends to waive the limitations on liability which are
<br />provided to the Grantor under the Colorado Governmental Immunity Act, C.R. S., Section 24 -10 -101,
<br />et seq., as currently enacted or subsequently amended.
<br />8. Mechanic's Lien. Nothing contained herein shall authorize Grantee, or any person or entity
<br />acting through, with or on behalf of Grantee, to subject the Easement Property, or any portion
<br />thereof, to mechanic's liens. If any such lien shall be filed against the Easement Property and
<br />Grantee has caused such lien, Grantee shall cause the lien to be discharged. In the event that such
<br />lien is not discharged within twenty (20) days after receipt of written notice of the lien by the
<br />Grantee, then Grantor, at its option, and at the cost and expense of the Grantee, may enter into,
<br />defend, 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 />9. Enforcement and Restoration. Grantor may exercise immediate reasonable enforcement,
<br />restoration and conservation actions when such actions are warranted for the protection and
<br />preservation of the Easement Property. Should an activity be undertaken on the Easement Property
<br />to which the parties have not agreed, Grantor may require Grantee to immediately cease and desist
<br />from such activity. In such case, if the unauthorized activity was performed by Grantee, its
<br />employees, agents, guests and invitees, the cost of any restoration of the Easement Property shall be
<br />borne by Grantee.
<br />10. Grantor's Reserved Rights. Grantor reserves the right to use and occupy the Easement
<br />Property for any lawful purpose consistent with the rights and privileges granted herein which will
<br />not interfere with or endanger Grantee's use of the Easement. Grantee's use of the Easement
<br />Property shall be non - exclusive and Grantee shall have no rights to use any portion of Grantor's
<br />Property except the Easement Property and only as permitted in this Easement.
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