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GRANTOR shall have the right to use the Easement Area in any manner that is consistent with <br />the rights granted to GRANTEE herein; provided however, without the prior written consent of <br />GRANTEE, GRANTOR shall not (a) place, or permit the placement of, any obstructions within the <br />Easement Area including but not limited to, any building, house, or other above -ground or underground <br />structure, or portion thereof. If obstructions are installed adjacent to the Easement Area, they shall be <br />placed so as to allow ready access to GRANTEE's facilities and provide a working space of not less than <br />ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other <br />sides of any pad mounted equipment; (b) excavate or place, or permit the excavation or placement of any <br />dirt or other material upon or below the Easement Area; or (c) cause, by excavation or placement of <br />material, either on or off the Easement Area, a pond, lake, or similar containment vehicle that would result <br />in the retention of water in any manner within the Easement Area. GRANTEE shall have the right to <br />remove any such obstruction(s) at GRANTOR's expense. Excluding removal of vegetation and <br />obstructions as provided herein, any physical damage to the surface of the Easement Area and/or <br />GRANTOR's adjoining property caused by GRANTEE or its contractors shall be repaired to a condition <br />reasonably close to the previous condition. The rights and easement herein granted are exclusive as to <br />entities engaged in the provision of electric energy service and GRANTOR reserves the right to grant rights <br />to others affecting said Easement Area provided that such rights do not create an unsafe condition or conflict <br />with the rights granted to GRANTEE herein. <br />GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in <br />GRANTOR's premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless <br />from any and all damages and injuries, whether to persons or property, resulting from interference with <br />GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees. <br />GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all <br />losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or <br />failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of <br />GRANTEE's facilities located on the above described easement. <br />GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title <br />to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right <br />and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have <br />quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and <br />conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees <br />and assigns of the respective parties hereto. <br />Prepared By: Manny R. Vilaret, Esquire Return to: Duke Energy <br />Vilaret Law, PLLC Attn: Land Services <br />10901 Danka Circle, Suite C 3300 Exchange Place, NP 1 B <br />Saint Petersburg, Florida 33716 Lake Mary, FL 32746 <br />