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To convey water from canal to manufacturing plant. Agreement made this _________ day of _________[month], _________[year], between _________ of _________, referred to as grantor, and _________ of _________, referred to as grantee: Grantor is the owner of a certain tract of land situate in the Village of _________, County of _________, State of _________, bounded as follows: _________[description], which tract of land is more particularly described and delineated on the attached plat and marked Exhibit A, and which tract of land will for brevity be termed "the premises". Grantee owns a certain manufacturing plant located upon a tract of land owned by it, situate in the Village of _________, lying west of the premises, and has applied to grantor to grant to it rights of conveying water taken from the canal delineated upon the plat, in, through and under the premises, for the purposes of a manufacturing plant owned by grantee, and other rights of access and incidental rights as are described, which grantor has agreed to do upon the terms expressed. 1. In consideration of _________ dollars this day in hand paid by grantee to grantor, receipt acknowledged, and of the covenants on the part of grantee contained, grantor grants to grantee the following rights and liberties: (a). The right, for the purpose of conveying water from the canal to grantee's manufacturing plant, to lay, maintain and use, through and under the premises, a line of water pipe not exceeding _________ inches in diameter, and to build all proper and usual accessories suitable for doing so, from a point marked "A" on the plat to a point marked "B" in the respective courses shown by a dotted line on the plat, so that the line of pipe shall be laid not less than _________ feet below the surface of the earth in covered trenches, and so that no unnecessary damage shall be done to the premises, and so that upon the completion of the work the surface shall be restored to its present condition, or as near as shall be reasonably possible. (b). Liberty from time to time to enter upon the premises and to open up the line of pipe, or any part, for the purpose of repairing or renewing it as the occasion may require, doing no unnecessary damage to the premises and restoring the surface whenever opened up, as soon as may be. (c). Liberty to enter upon the premises and to remove the pipe if grantee determines to abandon, or whenever the right to maintain it upon the premises for any reason ceases, doing no unnecessary damage to the premises, and restoring the surface when opened up, as soon as may be. To hold and enjoy the rights and liberties granted to grantee forever, subject to termination as provided. 2. Grantee covenants with grantor as follows: (a) Grantee will do all works and things authorized to be done by it upon or affecting the premises, in a good and workmanlike manner, and so as to cause no unnecessary damage or disturbance to the premises; (b) Grantee will be responsible for and pay grantor for any damages occasioned to grantor by grantee or its agents in laying, repairing, renewing, or removing the line of pipe, or by reason of the pipes leaking, breaking or bursting, or that may result from any reason or cause to grantor or to the premises in consequence of the granting by grantor of the rights and privileges; (c) Grantee will keep grantor indemnified against all actions, claims and demands that may be lawfully brought or made against it by reason of anything done by grantee in exercise or purported exercise of the rights and privileges granted; (d) Grantee will keep the pipes and other works of grantee, which shall be laid or constructed on the premises, in good repair and condition; (e) At any time, upon _________ days' duly authorized written notice given by grantor that it desires to erect a building or buildings upon that part of the premises upon which the line of pipe is so laid or situate, or any part, grantee will remove the line of pipe and relay it in the courses and manner as the officer or agent of grantor specified in the notice shall determine, and restore the premises from which the line of pipe or any part was removed, and in which the line of pipe or any part may be relaid, as may have been opened, disturbed or damaged by grantee, to the same or as good a state and condition as they were in immediately before the time of removal or relaying; (f) Whenever its right to maintain the line of pipe upon the premises shall cease, within _________ days, grantee will remove the line of pipe from the premises, and in that case and also in case it desires to abandon the use of the line of pipe and remove it from the premises, will restore the premises, or parts as have been opened, disturbed or damaged by grantee, to the same or as good a state and condition as they were in immediately before the date of removal. 3. If there is any breach of any of the covenants on the part of the grantee, or the conditions contained, then and in that case, it shall be lawful for grantor on _________ days' notice in writing given to grantee, to determine these presents, and it shall be determined without prejudice to the remedies of either party in respect of anything done or suffered before determination, or to any right accruing to either party under its provisions. 4. Grantor covenants with grantee that grantee performing and observing the covenants and conditions on its part to be performed and observed may peaceably hold and enjoy the rights and liberties granted without any interruption on the part of grantor. 5. The mention in this agreement of either of the parties by name or otherwise, shall be deemed to include its successors and assigns, unless otherwise inconsistent with the terms and provisions.
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