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injury as a result of the combined acts and omissions of Grantee, Grantee's employees, agents,
<br />contractors, lessees or licensees which play be related in any way to Grantee's or the general
<br />public's use of the Easement Area or the trail improvements therein located. Notwithstanding the
<br />foregoing, and to the fullest extent permitted by law, Grantee is and shall be solely, directly,
<br />primarily and personally liable and responsible for payment of any and all actions, clairns,
<br />damages and loss, including costs and attorney's fees, occasioned by or arising in any manner
<br />whatsoever, directly or indirectly, by reason of any actual or claimed condition of the Easement
<br />Area, or by Grantee's or the general public's use of the Easement Area or trail improvements
<br />therein located, which exceed such liability insurance coverage. In the event of any damages or
<br />injuries, Grantee shall immediately report the nature and extent thereof to Progress Energy's
<br />nearest local office.
<br />13. To the fullest extent permitted by law, and in accordance with Section 768.28,
<br />lfllorida Stalutes, Grantee shall protect, defend, hold harmless and indemnify Progress Energy,
<br />and Progress Energy's, employees, agents and contractors, from and against any and all actions,
<br />claims, damages and loss, including costs and attorney's fees, for personal injury, death or
<br />property damage occasioned by arising in any manner whatsoever, directly or indirectly, by
<br />reason of any actual or claimed condition of the Easement Area, or by Grantee's or the general
<br />public's use of the Easement Area or trail improvements located therein.
<br />14. In accordance with the provisions of Section 375.251, Florida Statutes, Progress
<br />Energy: (a) shall owe no duty of care to keep the Easement Area safe for entry or use by others,
<br />or to give warning to persons entering or going on the Easement Area of any hazardous
<br />conditions, structures or activities thereon; (b) shall not be presumed to extend any assurance that
<br />the Easement Area is safe for any purpose; (c) shall not incur any duty of care toward a person
<br />who goes on the Easement Area; and (d) shall not become liable or responsible for any injury to
<br />persons or property caused by the act or omission of a person who goes on the Easement Area;
<br />EXCEPT, however, to the extent any such liability would otherwise exist for Progress Energy's
<br />deliberate, willful or malicious injury to persons or property.
<br />15. If, in the future, Grantee's trail improvements are no longer necessary for their
<br />intended use, then Grantee will remove them and execute and deliver to Progress Energy a
<br />release of this Easement in recordable form. Upon termination of this Easement, Grantee shall at
<br />its own expense restore the entire disturbed surface of the Easement Area as near as practicable
<br />to that condition which existed as of the time of this grant, or by smoothing the contour and
<br />sodding same; provided, however, any vegetation Grantee installed within the Easement Area
<br />may remain in place.
<br />16. Progress Energy warrants and covenants that it has the right to convey this
<br />Easement to Grantee, and that. Grantee shall Have quiet and peaceful possession, use and
<br />enjoyment of same.
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