cooperate in good faith to agree upon a timeline for LIBERTY to complete such relocation,
which shall in all events be as soon as is reasonably possible under the circumstances. If any
relocation of the Encroachments shall be necessary, NASHUA shall provide an alternative
location for the Encroachments within the Gas Easement Area, subject to LIBERTY’s approval,
not to be unreasonably withheld, conditioned or delayed. All notices sent to LIBERTY pursuant
to this Agreement shall be directed to the following address:
Liberty Utilities (EnergyNorth Natural Gas) Corp.
ATTN: Gas Engineering
130 Elm St
Manchester, NH 03101
5. This agreement shall be binding upon and inure to the benefit of the parties and
their heirs, successors, legal representatives, and assigns. This agreement shall run with the title
to the Property.
6. LIBERTY hereby agrees to indemnify and hold NASHUA harmless from and
against any and all liabilities, damages, claims, costs and expenses, including reasonable
attorney’s fees and court costs, which may be imposed upon or asserted against NASHUA
arising from or in any way connected with. the Encroachments or arising in any way from
this agreement, except to the extent the same arise from the negligence or willful misconduct of
NASHUA, its agents, employees or contractors.
7. LIBERTY also hereby agrees to, indemnify and hold NASHUA harmless and
accepts all risks of loss associated with respect to the Encroachments, as a result of constructing
the Encroachments. NASHUA shall not in any way, be liable or responsible to reimburse
LIBERTY for the Encroachments, damage to the Encroachments, replacement cost or otherwise,
except to the extent the same arises from the negligence or willful misconduct of NASHUA, its
agent, employees or contractors. The construction and use of the Encroachments ts at
LIBERTY’s own risk of loss, which risk is accepted by LIBERTY.
8. This Agreement shall be interpreted in accordance with the laws of the State of
New Hampshire. The parties agree that any action arising from or relating to this agreement
shall be filed in the Superior Court of Hillsborough County, New Hampshire.
This Agreement and Consent to Joint Use and any amendments thereto shall be recorded
at the Hillsborough County Registry of Deeds.
[Remainder of Page Left Intentionally Blank; Signature Page Follows]
