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L.1324 PAGE731 <br />PROVIDED, HOWEVER, that this Grant of Easement by State is made <br />under and subject to the following terms.-and conditions which Grantee hereby <br />accepts: <br />1. This Grant is subject to all valid and existing contracts; <br />leases,,-licenses, easements..encumbrances,.and claims of title which may <br />affect said property and the'use of the word "Grant" herein shall not be <br />construed as a covenant against the existence of any thereof. <br />2. Grantee, its agents and employees, shall have the right of <br />ingress to and egress from said Easement, using the most practicable routes: <br />. 3. Grantee hereby waives all claims against the State, its <br />officers, agents, and employees, for loss or damage caused by arising out <br />of, or in any way connected . with the use by Grantee of said real property <br />or the exercise of said Easement., and Grantee agrees to save-harmless and <br />indemnify the State, its officers_, agents, and employees, from any and all <br />I oss, damage and liability which may be suffered or incurred by the State, <br />its officers, agents, and employees caused by, arising out of, or in any way <br />connected with the use by Grantee of said real property or the exercise of <br />said Easement. <br />4. State expressly reserves the right to the use of said real <br />property, in any manner, provided such use does not unreasonably interfere <br />with the use of the Easement herein granted. <br />5. State expressly reserves the right to require Grantee-, at <br />the expense of State, to remove.and relocate all improvements placed by <br />Gran, tee upon the Easement upon determination by State that said improvements <br />interfere with the future development of State's real property. Grantee <br />agrees that within one hundred eighty days after written notice from State. <br />of such determination by State and demand for .removal and relocation of said <br />improvements, Grantee shall remove and relocate said improvements to a feasible <br />location on the property of the State, and State shall furnish Grantee with an <br />easement for said improvements in such new location, and Grantee thereupon <br />shalII reconvey to State the easement herein granted. <br />6. This Easement shall terminate in the event Grantee at any <br />time during the existence hereof; fails for a continuous period of eighteen <br />months to use said Easement for the purposes herein granted. In the event <br />of such termination Grantee -shall deliver to State within thirty days after, <br />service of written demand therefor a quitclaim deed to the rights arising <br />hereunder, and shall, if requested by State, and without expense to State, <br />and within ninety days from such time as State may notify Grantee,•.remove all <br />property and equipment placed by or for Grantee upon said property and restore. <br />said'premises as nearly as.possible to the same condition they were in prior <br />to the execution of this Easement. In the event Grantee should fail to <br />restore the premises in accordance with such request, State may do so at the <br />risk of Grantee, and all cost and expense of such removal and restoration <br />shall be paid by Grantee upon demand. <br />