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the damage requiring repair is caused by the gross negligence or willful misconduct of Grantor or its agents,
<br />employees, contractors, members, directors, officers, affiliates, successors and assigns.
<br />Grantee shall indemnify, defend and hold Grantor, its agents, employees, contractors, members, directors,
<br />officers, affiliates, successors and assigns, harmless from and against any and all costs, causes of action,
<br />claims, judgments, damages, expenses, penalties, losses and/or liabilities, including, without limitation,
<br />reasonable attorneys' and experts' fees and costs, arising or resulting from: (i) any material breach or
<br />default of Grantee under this instrument; and/or (ii) any third party claims relating to property damage or
<br />personal injury arising from Grantee's use of the easement area or the conduct of work by Grantee or its
<br />employees, agents and contractors on the Improvements, including the maintenance, repair or replacement
<br />thereof. This indemnification shall exclude any costs, causes of action, claims, judgments, damages,
<br />expenses, penalties, losses and/or liabilities that arise solely from Grantor's gross negligence or willful
<br />misconduct.
<br />This instrument shall run with the land and inure to the benefit of the successors and assigns of the parties
<br />hereto.
<br />IN WITNESS WHEREOF, the parties hereto have entered into this Grant of Easement as of the day and
<br />year set forth above.
<br />LEISURE SPORTS, INC., a California
<br />corporation
<br />Bv:
<br />Name: Patrick O'Brien
<br />Its: CFO/Secretary
<br />NORTH POINT TRUST COMPANY, L.L.C., a
<br />South Dakota limited liability company, in its
<br />capacity as Administrative Trustee of The LSI -
<br />S Trust created under The LSI -S Trust
<br />Agreement dated June 29, 2018
<br />By: _
<br />Name:
<br />Its:
<br />NORTH POINT TRUST COMPANY, L.L.C., a
<br />South Dakota limited liability company, in its
<br />capacity as Administrative Trustee of The LSI -
<br />D Trust created under The LSI -D Trust
<br />Agreement dated June 29, 2018
<br />By:
<br />Name:
<br />Its:
<br />17277283.2
<br />
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