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the damage requhV repair is caused by the groes negligence or willful misconduct of Grantor or its agents, employees,contractors,members,directors,officers,affiliates,successors and assigns. Grantee shall Indemnity,defend and hold Grantor,lts agents,employees,oornractors,members.diners, officers,affiliates,successors and assigns, harmless from and against any and as costa,causes of action, claims, judgments, damages, expenses, Penalties, losses and/or liabilities. including, without knitatlon, reasonable attorneys' and experts' ties and cosh. arising or resulting from: (1) any material breach or default of Grantee under this instrument, and1w(R)any third party claims relating to property damage or personal injury wising from Grsrfee's use of the easement ane or the conduct of work by Grantee or its employees,agents and contractors on the Improve nerris,including the rtmintonance,repair or replacement thereof. This indsmrMcation shall exclude any costs, muses of action, claims, judgments, damages, expenses. puragtes, losses andtor IisMides that cries solely from GrarMor+s gross negligence or williful misconduct This irstrcrnent shah run with the land and Inde to the beneflt of the successors and assigns of the pubes hereto. IN WITNESS WHEREOF,the parties hersto have entered Into this Grant of Easement as of the day and year act tach above. LEHR=SPORTS,INC.,a C 0ornla NORTH POINT TRUST COMPANY,LLC..a ! corporMonSouth Dakota Nedtsd HaMNIV c ontpony,In Its capwkv as Adnninlstre_&_T ieN of The L31- S Trust erealed under The L314 Trust By. Agreement dated June 29,201 S Name:Patrick O'Brien Its:CFO/Secretary Name: Its: NORTH POINT TRUST COMPANY,LLC..a South Dakota NnNbed IIaMMy company,In Its eapadty as AMdnnMsistrot hre Trustee of The L31- D Trust a In Hader The L -D Trust Agreement dated June 21,2018 Nome., Its. 172772x3.2