BK1931 PG0706
necessary to the enjoyment and exercise of the easement(s) and right(s)-of-way including the right of reasonable access to and from the right(s)-of-way and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual surveying, construction, reconstruction or maintenance, and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land.
-
C.
The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or near the easement(s) being conveyed, deemed by it to interfere with the proper and efficient construction, operation, maintenance or enjoyment of said trail(s); provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, the premises to their original condition, such restoration to include the backfilling of trenches, the replacement of shrubbery, and the seeding or sodding of lawns or pasture areas, but not the replacement of structures, trees or other obstructions.
-
D.
The Grantor reserves the right to construct and maintain roadways over said easement(s) and to make any use of the easement(s) herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of the easement(s) by the Authority for the purposes named, provided, however, that Grantor shall not erect any building or other structure, excepting a fence running parallel to the easement(s), on the easement(s), without obtaining the prior written approval of the Authority.
The Grantor agrees to indemnify and hold the Authority harmless for any and all liability resulting from the presence of any hazardous substance in the Trail Easements, including any liability under the Comprehensive Environmental Response and