11-2267 Recreational Trail Easement from Progress Energy - Wirz Trail Section I

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hazardous condition to exist. In the event Grantee creates such a hazardous condition, or any restriction, impairment or interference with the exercise of any of Progress Energy's rights, then within seventy -two (72) hours after Progress Energy's notification, Grantee shall correct such condition or situation at Grantee's sole cost and expense; PROVIDED, HOWEVER, Progress Energy retains the right to enter upon the Easement Area and correct any suuch condition or situation at any time, and Grantee shall upon demand reimburse Progress Energy for all costs and expenses incurred in connection therewith. 10. Progress Energy hereby reserves and shall have the reasonable right to use the Easement Area, or any portion thereof, for any purpose not inconsistent with Grantee's reasonable use and enjoyment of the Easement and exercise of the rights herein granted. Without limitation, Progress Energy's reserved rights include the right to: (A) temporarily or permanently close the trail in the Easement Area, or any portion(s) thereof, upon thirty (30) days advance written notice to Grantee (except in the event of an emergency), when Progress Energy in its sole judgnrnent determines such closure is necessary or appropriate to protect and conserve the Easement Area, Progress Energy's adjoining property or the general public's safety, or to accommodate Progress Energy's other uses; (B) cut down at any time and from time to time, in Progress Energy's sole discretion, any dead, diseased, damaged or leaning tree, limb or any part thereof, standing or protruding either inside or outside the Easement Area (also known as a "danger tree ") which may interfere with or endanger Progress Energy's transmission or distribution lines, substation and related facilities; and, (C) utilize said Easement Area for ingress and egress, construction, maintenance and travel. 11. Progress Energy does not guarantee that Grantee's or the general public's use of the Easement Area will be completely compatible with the safe and efficient operation and maintenance of Progress Energy's existing and future electric facilities situated within Progress Energy's adjoining properties, and any remedial action required to resolve subsequent conflict with Grantee's trail improvements within the Easement Area will be at Grantee's sole expense. Progress Energy shall not be liable for any damage to Grantee's use of the Easement Area resulting from Progress Energy's continued use and occupancy of Progress Energy's adjoining lands; Progress Energy, however, shall not willfully cause undue damage to Grantee's use of the Easement Area. In the event Progress Energy exercises its rights to install additional electrical facilities adjacent to the Easement Area, Progress Energy shall not be obligated to relocate, retrofit or replace any of Grantee's trail improvements situated within the Easement Area, or to reimburse the costs or value thereof. Grantee covenants not to interfere with Progress Energy's existing and future electric facilities in any manner whatsoever, and shall fully indemnify Progress Energy from any and all losses resulting from any such interference, in the same and to the same extent as in section 13 of this Easement. 12. Grantee shall carry, and shall cause all of its contractors and agents working within the Easement Area to carry, a sufficient policy of general liability insurance insuring against all risks to ,all persons or entities which may sustain property damage, death or personal Page 4 of 6