|
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 NORTH POINT TRUST COMPANY, L.L.C., a
<br /> corporation 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 /> By: Agreement dated June 29, 2018
<br /> Name: Patrick O'Brien
<br /> Its: CFO/Secretary
<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 />
|