Common use of Access and Utilities Clause in Contracts

Access and Utilities. To the extent not otherwise addressed herein, (or to the extent any access and utility easement specifically referenced herein, including but not limited to the Access and Utility Easement or the Exclusive Easement, if applicable, cannot, does not, or will not fully accommodate the access and utility needs of the Exclusive Easement at any time), Grantor hereby grants and conveys unto Grantee, its tenants, lessees, sublessees, licensees, agents, successors and assigns, full, complete, uninterrupted and unconditional access to and from the Exclusive Easement, seven days a week, 24 hours a day, over and across any adjacent property now or hereafter owned by Grantor, for, without limitation, ingress and egress to and from the Exclusive Easement, as well as the construction, installation, location, maintenance, relocation and repair of overhead and/or underground utility connections, including electric, telephone, gas, water, sewer, and any other utility connection, provided that Grantee shall repair any damages to the Premises caused by such access. This easement, and the rights granted herein, shall be assignable by Grantee to any public or private utility company to further effect this provision. Grantor agrees to maintain all access roadways from the nearest public right of way to the Exclusive Easement in a manner sufficient to allow for pedestrian and vehicular access to the Exclusive Easement at all times. If it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement are not encompassed within the description of the Access and Utility Easement set forth herein, then Grantor and Grantee agree to amend the description of the Access and Utility Easement set forth herein to include the description of such areas. If it becomes necessary to relocate any of the utility lines that serve the Exclusive Easement, Grantor hereby consents to the reasonable relocation for such utility lines upon the premises for no additional consideration, and hereby agrees to reasonably cooperate with Grantee to create a revised legal description for Access and Utility Easement that will reflect such relocation.

Access and Utilities. To the extent not otherwise addressed herein, (or to the extent any access Tenant and utility easement specifically referenced herein, including but not limited to the Access and Utility Easement or the Exclusive Easement, if applicable, cannot, does not, or will not fully accommodate the access and utility needs of the Exclusive Easement at any time), Grantor hereby grants and conveys unto Grantee, its tenants, lessees, sublessees, licenseesemployees, agents, successors contractors, and assignsutility companies are hereby given and granted a non-exclusive easement for ingress, fullegress, complete, uninterrupted and unconditional access regress to and from the Exclusive EasementLeased Premises and easements over, seven days a weekunder, 24 hours a dayupon, over and across any adjacent property now or hereafter the Tower and adjoining lands and rights-of-way owned by Grantor, for, without limitation, ingress Landlord and egress to and from described on Exhibit "C" on a twenty-four (24) hour daily basis for the Exclusive Easement, as well as the constructionpurpose of erection, installation, locationoperation, inspection, repair, maintenance, relocation and removal of the Communications Facility and other necessary appurtenances and an easement thereon for telephone lines, power lines, cables, and wires used in connection with the Communications Facility (“Access Easement”). Such easements for ingress, egress, and regress and such easement for utilities shall be over existing roads, parking lots, and/or roads on the property described on Exhibit C. Tenant shall have the right but not the obligation to improve the Access Easement by grading, graveling, or paving it; provided, however that Tenant shall be obligated to repair any damage to such easement property caused by Tenant, or its agents or employees. Landlord grants to Tenant and to such power or telephone company (“Utility Company” or “Utility Companies”) as Tenant shall designate, a non-exclusive easement for such utilities as may be reasonably necessary to serve the Leased Premises over that property described on Exhibit “C” (the “Utility Easement”). The Utility Easement shall be for the installation, operation, inspection, maintenance, and repair (whether by Tenant or by Tenant’s designated Utility Companies) of overhead and/or underground utility connectionsnecessary utilities from the point of connection with the Utility Companies’ distribution networks to the Communications Shelter. The Utility Easement shall be sufficiently wide for providing the applicable utilities to the Leased Premises. It is understood that Tenant and the Utility Companies providing services to Tenant shall have access to all areas of the Leased Premises and other lands and rights-of-way owned or leased by Landlord and described on Exhibits A, including electric, telephone, gas, water, sewerB, and any other utility connectionC as necessary for installation, provided that Grantee shall operation, inspection, upgrade, maintenance, and/or repair any damages to the Premises caused by such access. This easement, and the rights granted herein, shall be assignable by Grantee to any public or private utility company to further effect this provision. Grantor agrees to maintain all access roadways from the nearest public right of way to the Exclusive Easement in a manner sufficient to allow for pedestrian and vehicular access to the Exclusive Easement at all times. If it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement are not encompassed within the description of the Access and Utility Easement set forth herein, then Grantor and Grantee agree to amend the description of the Access and Utility Easement set forth herein to include the description of such areasservices. If it becomes necessary to relocate Landlord shall advise Tenant of any of Utility Company requesting an easement under, over, upon and/or across the utility lines that serve the Exclusive Easement, Grantor hereby consents to the reasonable relocation for such utility lines upon the premises for no additional consideration, and hereby agrees to reasonably cooperate with Grantee to create a revised legal description for Access and Utility Easement that will reflect such relocationLeased Premises.

Access and Utilities. To the extent not otherwise addressed herein(a) Landlord for itself, (or to the extent any access its successors and utility easement specifically referenced hereinassigns, including but not limited to the Access and Utility Easement or the Exclusive Easement, if applicable, cannot, does not, or will not fully accommodate the access and utility needs of the Exclusive Easement at any time), Grantor hereby grants and conveys unto GranteeTenant, its tenantscustomers, lessees, sublessees, licenseesemployees, agents, invitees, successors and assigns, full, complete, uninterrupted and unconditional access to and from the Exclusive Easement, seven days assigns a week, 24 hours a day, over and across any adjacent property now or hereafter owned by Grantor, for, without limitation, nonexclusive license for ingress and egress to over, under and from across the Exclusive Easement, as well as Property for purposes of their activities on the construction, installation, location, maintenance, relocation and repair of overhead and/or underground utility connectionsPremises, including vehicular and pedestrian access to the Tower Compound and the ability to run electric, telephone, gas, water, sewer, telephone and any other utility connection, provided that Grantee shall repair any damages data lines to the Premises caused by such accessTower Compound, subject in all cases to any and all applicable, zoning, set-back, permitting and or licensing requirements. This easement, and the The rights granted herein, to Tenant herein shall be assignable by Grantee also include the right to partially assign its rights hereunder to any public or private utility company or authority to further effect this provision. Grantor facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant’s safe and efficient use and enjoyment of the easement for the purposes described above, provided such assignee agrees to be bound by the terms and conditions of this Lease. (b) Subject to any and all applicable zoning, set-back, permitting and/or licensing requirements, Tenant has, pursuant to its license, the right to construct, erect, maintain, test, replace, remove, operate and upgrade the Tenant Facilities on the Premises, including without limitation utility lines, transmission lines, an equipment shelter, electronic equipment, transmitting and receiving antennas, a standby power generator, and supporting equipment and structures therefor, subject to the terms and conditions herein set forth. Tenant shall obtain Landlord’s prior written approval of Tenant’s schedule for the initial installation of the Tenant Facilities, and such installation shall be performed in accordance with such schedule, subject to delays caused by Landlord or beyond the reasonable control of Tenant. Commencing construction of the Tenant Facilities without obtaining Landlord’s prior written approval of the schedule for construction of such Tenant Facilities will constitute a material breach and/or default of this Lease. Tenant shall not park or store trailers or vehicles on the Premises other than on a temporary basis and only when necessary for Tenant to perform work on Tenant Facilities. Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant’s business operations and to install transmission lines connecting the antennas to the transmitters and receivers, subject to any and all access roadways applicable zoning, set-back, permitting, and/or licensing requirements. All of Tenant’s construction and installation work shall be performed at Tenant’s sole cost and expense and in a good and workmanlike manner. (c) Tenant shall pay for the electricity and other utility services it consumes in its operations at the rate charged by the servicing utility company. In connection with the Tenant Facilities, Tenant shall, at its sole cost and expense, obtain electrical and telephone (and any other utility) service directly from the nearest public right servicing utility company, including the installation of way a separate metered service and main breaker, where required. Landlord agrees to cooperate with Tenant in working with said utility companies to provide such service to the Exclusive Easement in a manner sufficient to allow for pedestrian and vehicular access to the Exclusive Easement at all times. If it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement are not encompassed within the description of the Access and Utility Easement set forth herein, then Grantor and Grantee agree to amend the description of the Access and Utility Easement set forth herein to include the description of such areas. If it becomes necessary to relocate any of the utility lines that serve the Exclusive Easement, Grantor hereby consents to the reasonable relocation for such utility lines upon the premises for no additional consideration, and hereby agrees to reasonably cooperate with Grantee to create a revised legal description for Access and Utility Easement that will reflect such relocationPremises.

Access and Utilities. To (a) The location of and specifications for the extent not otherwise addressed hereinplanned access from the Property to U.S. Route 421 pursuant to the current approved plans for an interchange to be constructed is as shown on Exhibit C attached hereto and made a part hereof (the “421 Interchange Access Road”). The location and specifications of the planned new water and sewer service to the Property are as shown on Exhibit D attached hereto and made a part hereof (as shown thereon, the “Water Line” and the “Sewer Line”). The location of the Norfolk Southern Railroad right of way adjacent to the Property (the “Railway”) is as shown on Exhibit E attached hereto and made a part hereof. (b) Buyer agrees to use Buyer’s reasonable best efforts to persuade state and federal agencies to, within eighteen (18) months after Closing to, (or i) complete construction of the Water Line and Sewer Line (with stub outs of the Water Line and the Sewer Line to the extent any access property line of the Remainder Property at locations mutually agreeable to Buyer and utility easement specifically referenced hereinSeller; and (ii), complete construction of the 421 Interchange Access Road, including but not limited acquisition of all right of way necessary or desirable for completion thereof (completion of the Water Line, Sewer Line, and 421 Interchange Access Road being “Infrastructure Completion” herein). Seller shall be entitled to reserve at Closing reasonable, mutually agreeable, non-exclusive perpetual easements for use and maintenance of the Water Line, Sewer Line, 421 Interchange Access Road, and Railway, as applicable, and the easements shall be appurtenant to the Access Remainder Property. (c) Buyer additionally obligates itself to, at any time after Closing and Utility Easement on or before the Exclusive Easementdate that is the 10th anniversary thereof, and if applicable, cannot, does not, or will not fully accommodate the access and utility needs location of the Exclusive Easement at Selected Property prevents or hinders access to the Railway from the Remainder Property, grant to Seller a railway easement across the Selected Property to a reasonable location along the boundary line between the Selected Property and the Remainder Property as shall be designated by Seller, provided that such location shall not interfere with Buyer’s intended or actual development of the Selected Property. Buyer shall, upon written request from Seller, cooperate in the signing and recording of any timeinstrument evidencing the easements granted and conveyed pursuant to this Section 14(c). (d) Effective from and after Closing, Grantor Seller hereby grants and conveys unto Granteeto Buyer such nonexclusive ingress, its tenantsegress, lesseesuse, sublessees, licensees, agents, successors maintenance and assigns, full, complete, uninterrupted and unconditional access to and from the Exclusive Easement, seven days a week, 24 hours a day, over repair easements upon and across any adjacent property now or hereafter owned by Grantorthe Remainder Property as are necessary for Buyer to develop the Selected Property, forwhich easements shall include, without limitation, ingress and egress to and from the Exclusive Easement, as well as the construction, installation, location, maintenance, relocation and repair of overhead and/or underground utility connections, including electric, telephone, gas, water, sewer, utility and any other utility connectionaccess easements, provided that Grantee as may be reasonably necessary for the effective development of the Selected Property and which do not hinder development of the Remainder Property (the “Development Easements”). The Development Easements shall repair any damages be perpetual and run with and be appurtenant to the Premises caused by such accessSelected Property. This easementAt Buyer request, and the rights granted herein, Seller shall be assignable by Grantee to any public or private utility company to further effect this provision. Grantor agrees to maintain all access roadways from the nearest public right of way to the Exclusive Easement in a manner sufficient to allow for pedestrian and vehicular access to the Exclusive Easement at all times. If it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement are not encompassed within the description of the Access and Utility Easement set forth herein, then Grantor and Grantee agree to amend the description of the Access and Utility Easement set forth herein to include the description of such areas. If it becomes necessary to relocate any of the utility lines that serve the Exclusive Easement, Grantor hereby consents to the reasonable relocation for such utility lines upon the premises for no additional consideration, and hereby agrees to reasonably cooperate with Grantee Buyer to create a revised legal description for Access cause the Development Easements granted and Utility Easement that will reflect such relocationconveyed hereby to be recorded with the Chatham County Register of Deeds. (e) This Section 14 shall survive Closing.

Access and Utilities. To (a) During the extent not otherwise addressed hereinTerm, (or Landlord for itself, its successors and assigns, hereby leases to Tenant, its customers, employees, agents, invitees, contractors, successors and assigns the Access and Utility Easement, which shall be a nonexclusive easement in, over, under, across and through the portion of the Property more particularly described on Exhibit 2 and depicted on Exhibit 3 for ingress and egress for the benefit of and access to the extent any access Tower Compound, as well as for the construction, installation, operation and maintenance of overhead and underground electric, gas and other utility easement specifically referenced hereinfacilities (including wires, including but not limited poles, guys, cables, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change, remove and replace such facilities, over, across and through the Access and Utility Easement or for the Exclusive Easement, if applicable, cannot, does not, or will not fully accommodate the access benefit of and utility needs of the Exclusive Easement at any time), Grantor hereby grants and conveys unto Grantee, its tenants, lessees, sublessees, licensees, agents, successors and assigns, full, complete, uninterrupted and unconditional access to and from the Exclusive EasementTower Compound, seven days a week, 24 hours a day, over and across any adjacent property now or hereafter owned by Grantor, for, without limitation, ingress and egress to and from the Exclusive Easement, as well as the construction, installation, location, maintenance, relocation and repair of overhead and/or underground utility connections, including electric, telephone, gas, water, sewer, and any other utility connection, provided that Grantee shall repair any damages subject to the Premises caused by such accessterms and conditions herein set forth. This easement, and the The rights granted herein, to Tenant herein shall be assignable by Grantee also include the right to partially assign its rights hereunder to any public or private utility company or authority to further effect this provision. Grantor agrees to maintain facilitate the uses contemplated herein, and all access roadways from the nearest public right of way to the Exclusive Easement in a manner sufficient to allow other rights and privileges reasonably necessary for pedestrian Tenant’s safe and vehicular access to the Exclusive Easement at all times. If it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement are not encompassed within the description efficient use and enjoyment of the Access and Utility Easement set forth hereinfor the purposes described above. (b) In the event any public utility is unable to use the Utility Easement, then Grantor LANDLORD hereby agrees to grant a mutually acceptable replacement utility right-of-way either to TENANT or to the public utility at no cost to TENANT. LANDLORD may, at LANDLORD’s sole expense, move the location of the Access Easement to a different location on the Property from that described in Exhibit "B"; provided that the moved Access Easement provides Tenant with equivalent access to the Premises as the Access Easement currently described in Exhibit "B" and Grantee agree at no additional cost to amend TENANT; and provided further that the Utility Easement will not be altered by such movement of the Access Easement. If LANDLORD elects to so move the Access Easement, LANDLORD shall, at its cost, have the moved Access Easement surveyed and, upon approval by TENANT (not to be unreasonably withheld), the legal description of the moved Access Easement will replace the current legal description of the Access Easement in Exhibit "B" and Utility Easement set forth herein to include the description Parties shall at LANDLORD's expense file an updated Memorandum of Agreement with Xxxxxxxxxx County reflecting such areas. If it becomes necessary to relocate any of the utility lines that serve the Exclusive Easement, Grantor hereby consents to the reasonable relocation for such utility lines upon the premises for no additional consideration, and hereby agrees to reasonably cooperate with Grantee to create a revised legal description for Access and Utility Easement that will reflect such relocationchange.

Access and Utilities. To During the extent not otherwise addressed hereinTerm, Tenant and its guests, agents, employees, customers, invitees, subtenants, licensees and assigns shall have the unrestricted, exclusive right to use, and shall have free and unfettered access to, the Premises seven (or to the extent any access 7) days a week, twenty-four (24) hours a day. Landlord for itself, its successors and utility easement specifically referenced hereinassigns, including but not limited to the Access and Utility Easement or the Exclusive Easement, if applicable, cannot, does not, or will not fully accommodate the access and utility needs of the Exclusive Easement at any time), Grantor hereby grants and conveys unto GranteeTenant, its tenantscustomers, lesseesemployees, sublesseesagents, invitees, subtenants, licensees, agents, successors and assigns, full, complete, uninterrupted and unconditional access assigns a non-exclusive easement throughout the Term to and from the Exclusive Easement, seven days a week, 24 hours a day, over and across any adjacent property now or hereafter owned by Grantor, for, without limitation, public right of way (a) for ingress and egress to egress, and from the Exclusive Easement, as well as (b) for the construction, installation, locationoperation, maintenance, relocation repair and repair replacement of overhead and/or and underground utility connections, including electric, telephone, gas, water, sewer, electric and any other utility connectionfacilities (including fiber, provided that Grantee shall repair backhaul, wires, poles, guys, cables, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change and remove such facilities, over, across and through any damages easement for the benefit of and access to the Premises, subject to the terms and conditions herein set forth. Xxxxxxxx agrees to coordinate, cooperate and assist Tenant with obtaining the required access and utility easements to the Premises caused by from a public right of way up to and including negotiating and obtaining such accessaccess and utility rights from any applicable neighbor parcel. This easementIf there are utilities already existing on the Premises which serve the Premises, Tenant may utilize such utilities and the services. The rights granted herein, to Tenant herein shall be assignable by Grantee also include the right to partially assign its rights hereunder to any public or private utility company or authority to further effect this provision. Grantor agrees to maintain facilitate the uses contemplated herein, and all access roadways from the nearest public right of way to the Exclusive Easement in a manner sufficient to allow other rights and privileges reasonably necessary for pedestrian Tenant’s safe and vehicular access to the Exclusive Easement at all times. If it is reasonably determined by Grantor or Grantee that any utilities that currently serve the Exclusive Easement are not encompassed within the description efficient use and enjoyment of the Access easements for the purposes described above. Upon Xxxxxx’s request, Xxxxxxxx shall execute and Utility Easement set forth herein, then Grantor and Grantee agree deliver to amend Tenant requisite recordable documents evidencing the description easements contemplated hereunder within fifteen (15) days of the Access and Utility Easement set forth herein to include the description of such areas. If it becomes necessary to relocate any of the utility lines that serve the Exclusive Easement, Grantor hereby consents to the reasonable relocation for such utility lines upon the premises for no additional considerationTenant’s request, and hereby agrees Landlord shall obtain the consent and joinder of Landlord’s mortgagee to reasonably cooperate with Grantee to create a revised legal description for Access and Utility Easement that will reflect any such relocationgrant, if applicable.