Common use of Description of Easement Clause in Contracts

Description of Easement. For good and valuable consideration, the actual consideration paid or to be paid in connection with this Easement being the amount of good and valuable consideration reflected on the Real Estate Transfer Tax Valuation Affidavit to be filed (the “Purchase Price”), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto Grantee, its successors and assigns an exclusive easement for (i) the use of portions of Grantor’s Property as shown in the Site Plan attached hereto as E xhibit “B” and described by metes and bounds in Exhibit “C” attached hereto, (ii) the use of the specific areas on the Tower (as such term is defined in the Verizon Lease) depicted and/or described in the Verizon Lease, including without limitation those portions of the Tower on which Verizon has equipment installed on the Tower as of the Effective Date of this Easement, and (iii) the use of the specific areas on the Light Pole (as such term is defined in the Sprint Lease) depicted and/or described in the Sprint Lease, including without limitation those portions of the Light Pole on which Sprint has equipment installed on the Light Pole as of the Effective Date of this Easement (collectively, the “Easement Area”); provided, however, that Grantor shall continue to own and have the right to access the Tower and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Verizon Lease and shall continue to own and have the right to access the Light Pole and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Sprint Lease. The Easement Area shall also include (a) a non-exclusive right-of-way for ingress and egress to and from the Easement Area, seven (7) days per week, twenty-four (24) hours per day, on foot or motor vehicle, including trucks, along a right-of-way, together with the right to install, replace and maintain above and below ground utility wires, poles, cables, fiber, conduit and pipes as more fully shown on Exhibit “B” and described on E xhibit “C”; and (b) that portion of Grantor’s Property, if any, on which communications facilities exist on the Effective Date of this Easement (even if not described in the Lease Agreements, as that term is defined in Section 3 of this Easement). In the event Grantee is unable or any public utility is unable or unwilling to use the easement described in subsection (a) above or the public right-of- way of the Xxxxx 0/0 xx Xxxxxxx Xxxxxx to access or provide utilities to the Easement Area, Grantor hereby agrees to grant an additional or modified right-of-way, in form mutually and reasonably satisfactory to Grantee and Grantor, to Grantee or at Grantee’s request, directly to a public utility, at no cost and in a location mutually and reasonably acceptable to Grantor and Grantee. Grantee’s use of the right-of-way described above shall not materially and adversely interfere with Grantor’s customary use of Grantor’s Property. To the extent the Lease Agreements permit relocation of the access easement, or the written consent of the tenants under the Lease Agreements is obtained, Grantor shall have the right, upon one hundred eighty (180) days’ prior written notice to Grantee, to relocate the non-exclusive right-of-way described in subsection (a) above, in its discretion, provided that: (i) Grantee has uninterrupted vehicular and pedestrian access to the Easement Area and there is no interruption of utility services; (ii) the relocation does not interfere with Grantee’s access to the Easement Area; (iii) Grantor pays all costs and expenses associated with the relocation of the right-of-way, if any; (iv) there are no conditions, restrictions, encumbrances, easements, or third party interests that could result in reduction or termination of Grantee’s access over the new right-of-way; (v) Grantor provides Grantee with a legal description at least one hundred eighty (180) days prior to the relocation of the right-of-way; and (vi) Grantee must reasonably agree to the relocation of the right-of-way.

Description of Easement. For good and valuable consideration, the actual consideration paid or to be paid in connection with this Easement being the amount of good and valuable consideration reflected on the Real Estate Transfer Tax Valuation Affidavit to be filed (the “Purchase Price”), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto Grantee, its successors and assigns an exclusive easement for (i) the use of portions a portion of Grantor’s Property as shown in the Site Plan attached hereto as E xhibit Exhibit “B” and described by metes and bounds in Exhibit “C” attached hereto, and (ii) the use of the specific areas on the Tower (as such term is defined in the Verizon LeaseLease Agreement (as defined below)) depicted and/or described in the Verizon LeaseLease Agreement, including without limitation those portions of the Tower on which Verizon Lessee (as defined below) has equipment installed on the Tower as of the Effective Date of this Easement, and (iii) the use of the specific areas on the Light Pole (as such term is defined in the Sprint Lease) depicted and/or described in the Sprint Lease, including without limitation those portions of the Light Pole on which Sprint has equipment installed on the Light Pole as of the Effective Date of this Easement (collectivelytogether, the “Easement Area”); provided, however, that Grantor shall continue to own and have the right to access the Tower and Grantor’s improvements located thereon, including but not limited to, thereon for the purposes expressly permitted under the Verizon Lease and shall continue to own and have the right to access the Light Pole and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Sprint LeaseAgreement. The Easement Area shall also include include (a) a non-exclusive right-of-way for ingress and egress to and from the Easement Area, seven (7) days per week, twenty-four (24) hours per day, on foot or motor vehicle, including trucks, along a right-of-way, together with the right to install, replace and maintain above and below ground utility wires, poles, cables, fiber, conduit and pipes as more fully shown on Exhibit “B” and described on E xhibit Exhibit “C”; and (b) that portion of Grantor’s Property, if any, on which communications facilities exist on the Effective Date of this Easement (even if not described in the Lease Agreements, Agreement as that term is defined in Section 3 of this Easement). In the event Grantee is unable or any public utility is unable or unwilling to use the easement described in subsection (a) above or the public right-of- way of the Xxxxx 0/0 xx Xxxxxxx Xxxxxx to access or provide utilities to the Easement Areaabove, Grantor hereby agrees to grant an additional or modified right-of-way, in form mutually and reasonably satisfactory to Grantee and Grantor, to Grantee or at Grantee’s request, directly to a public utility, at no cost and in a location mutually and reasonably acceptable to Grantor and Grantee. Grantee’s use of the right-of-way described above shall not materially and adversely interfere with Grantor’s customary use of Grantor’s Property. To the extent the Lease Agreements permit Agreement permits relocation of the access easement, or the written consent of the tenants tenant under the Lease Agreements Agreement is obtained, Grantor shall have the right, upon one hundred eighty (180) days’ prior written notice to Grantee, to relocate the non-exclusive right-of-way described in subsection (a) above, in its discretion, provided that: (i) Grantee has uninterrupted vehicular and pedestrian access to the Easement Area and there is no interruption of utility services; (ii) the relocation does not interfere with Grantee’s access to the Easement Area; (iii) Grantor pays all costs and expenses associated with the relocation of the right-of-way, if any; (iv) there are no conditions, restrictions, encumbrances, easements, or third party interests that could result in reduction or termination of Grantee’s access over the new right-of-way; (v) Grantor provides Grantee with a legal description at least one hundred eighty (180) days prior to the relocation of the right-of-way; and (vi) Grantee must reasonably agree to the relocation of the right-of-way.;

Description of Easement. For good and valuable consideration, the actual consideration paid or to be paid in connection with this Easement being the amount of good and valuable consideration reflected on the Real Estate Transfer Tax Valuation Affidavit to be filed Nine Hundred Thousand Dollars (the “Purchase Price”$900,000.00), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto GranteeGSA IV, its successors and assigns assigns, forever, an exclusive exclusive, perpetual easement for (i) the use of portions a portion of Grantor’s 's Property, that portion being described as a 15,000 square feet parcel within Grantor's Property (the "Easement Area"), as such Easement Area is more particularly shown in the Site Plan attached hereto as E xhibit “Exhibit "B” " and described by metes and bounds in Exhibit “"C” " attached hereto. The Grantor also grants to GSA IV, (ii) the use of the specific areas on the Tower (its successors and assigns, as such term is defined in the Verizon Lease) depicted and/or described in the Verizon Lease, including without limitation those portions of the Tower on which Verizon has equipment installed on the Tower as of the Effective Date part of this Easement, and (iii) the use of the specific areas on the Light Pole (as such term is defined in the Sprint Lease) depicted and/or described in the Sprint Lease, including without limitation those portions of the Light Pole on which Sprint has equipment installed on the Light Pole as of the Effective Date of this Easement (collectively, the “Easement Area”); provided, however, that Grantor shall continue to own and have the right to access the Tower and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Verizon Lease and shall continue to own and have the right to access the Light Pole and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Sprint Lease. The Easement Area shall also include (a) a non-exclusive perpetual right-of-way for ingress and egress to and from the Easement Areaegress, seven (7) days per week, twenty-four (24) hours per day, on foot or motor vehicle, including trucks, along a thirty foot wide right-of-way extending from the nearest public right-of-way, together with the right to install, replace and maintain above and below ground utility wires, poles, cables, fiber, conduit conduits and pipes (the "Access Easement"), as is more fully particularly shown on in the Site Plan attached hereto as Exhibit “"B” " and described on E xhibit “by metes and bounds in Exhibit "C”; and " (b) that portion of Grantor’s Property, if any, on which communications facilities exist on hereinafter the Effective Date of this term "Easement (even if not described in Area" shall be deemed to also include the Lease Agreements, as that term is defined in Section 3 of this EasementAccess Easement unless stated to the contrary). In the event Grantee is unable GSA IV or any public utility is unable or unwilling to use the easement above- described in subsection (a) above or the public right-of- way of the Xxxxx 0/0 xx Xxxxxxx Xxxxxx to access or provide utilities to the Easement AreaAccess Easement, Grantor hereby agrees to grant an additional or modified right-of-way, in form mutually and reasonably satisfactory to Grantee and GrantorGSA IV, to Grantee GSA IV or at GranteeGSA IV’s request, directly to a public utility, provided however that such grant shall be at no cost to Grantor and in a location mutually and reasonably acceptable to both Grantor and GranteeGSA IV (the "Additional Access Easement"). GranteeGSA IV has inspected and approved the location and configuration of existing utilities and access serving the site and accepts them in their as-is, where-is condition. For any such Additional Access Easement to be effective, such easement shall be recorded among the Public Records of Cumberland County, State of Maine. Also, Grantor hereby grants to GSA IV, its successors and assigns a non-exclusive construction and maintenance easement over any portion of Grantor's Property that is reasonably necessary, in GSA IV's discretion, further subject, however, to Grantor’s reasonable approval as to the location GSA IV shall identify, for any construction, repair, maintenance, replacement, demolition and removal related to the Permitted Use (defined below), and GSA IV shall restore such portion of Grantor’s Property to its original condition after its use of the right-of-way described above shall not materially construction and adversely interfere with Grantor’s customary use of Grantor’s Property. To the extent the Lease Agreements permit relocation of the access maintenance easement, or the written consent of the tenants under the Lease Agreements is obtained, Grantor shall have the right, upon one hundred eighty (180) days’ prior written notice to Grantee, to relocate the non-exclusive right-of-way described in subsection (a) above, in its discretion, provided that: (i) Grantee has uninterrupted vehicular and pedestrian access to the Easement Area and there is no interruption of utility services; (ii) the relocation does not interfere with Grantee’s access to the Easement Area; (iii) Grantor pays all costs and expenses associated with the relocation of the right-of-way, if any; (iv) there are no conditions, restrictions, encumbrances, easements, or third party interests that could result in reduction or termination of Grantee’s access over the new right-of-way; (v) Grantor provides Grantee with a legal description at least one hundred eighty (180) days prior to the relocation of the right-of-way; and (vi) Grantee must reasonably agree to the relocation of the right-of-way.

Description of Easement. For good and valuable consideration,, the actual consideration paid or to be paid in connection with this Easement being the amount of good and valuable consideration reflected on the Real Estate Transfer Tax Valuation Affidavit to be filed (the “Purchase Price”), the receipt and sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto GranteeCrown, its successors and assigns assigns, forever, an exclusive exclusive, perpetual easement for (i) the use of portions a portion of Grantor’s Property, that portion being described as a feet by feet parcel within Grantor’s Property (the “Easement Area”), as such Easement Area is more particularly shown in the Site Plan attached hereto as E xhibit Exhibit “B” and described by metes and bounds in Exhibit “C” attached hereto. The Grantor also grants to Crown, (ii) the use of the specific areas on the Tower (its successors and assigns, as such term is defined in the Verizon Lease) depicted and/or described in the Verizon Lease, including without limitation those portions of the Tower on which Verizon has equipment installed on the Tower as of the Effective Date part of this Easement, and (iii) the use of the specific areas on the Light Pole (as such term is defined in the Sprint Lease) depicted and/or described in the Sprint Leasean exclusive, including without limitation those portions of the Light Pole on which Sprint has equipment installed on the Light Pole as of the Effective Date of this Easement (collectively, the “Easement Area”); provided, however, that Grantor shall continue to own and have the right to access the Tower and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Verizon Lease and shall continue to own and have the right to access the Light Pole and Grantor’s improvements located thereon, including but not limited to, for the purposes expressly permitted under the Sprint Lease. The Easement Area shall also include (a) a non-exclusive perpetual right-of-way for ingress and egress to and from the Easement Areaegress, seven (7) days per week, twenty-four (24) hours per day, on foot or motor vehicle, including trucks, along a thirty foot wide right-of-way extending from the nearest public right-of-way, together with the right to install, replace and maintain above and below ground utility wires, poles, cables, fiber, conduit conduits and pipes (the “Access Easement”), as is more fully particularly shown on in the Site Plan attached hereto as Exhibit “B” and described on E xhibit by metes and bounds in Exhibit “C”; and ” (b) that portion of Grantor’s Property, if any, on which communications facilities exist on hereinafter the Effective Date of this term “Easement (even if not described in Area” shall be deemed to also include the Lease Agreements, as that term is defined in Section 3 of this EasementAccess Easement unless stated to the contrary). In the event Grantee is unable Crown or any public utility Area shall be used for (i) constructing, maintaining and operating communications facilities, including without limitation, tower structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables, equipment and (ii) uses incidental thereto, including without limitation, testing of any kind, for Crown’s use and the use of its lessees, licensees, and/or sub-easement holders (the “Permitted Use”). It is unable or unwilling to use the easement described in subsection (a) above or the public right-of- way intent of the Xxxxx 0/0 xx Xxxxxxx Xxxxxx parties that Crown’s communications facilities shall not constitute a fixture. Grantor acknowledges that Grantor has no right to access object to or provide utilities approve any improvements to be constructed by Crown on the Easement Area. If requested by Crown, Grantor will execute, at Crown’s sole cost and expense, all documents required by any governmental authority in connection with any development of, or construction on, the Easement Area, Grantor hereby agrees including documents necessary to grant an additional or modified right-of-waypetition the appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary by Crown in form mutually and reasonably satisfactory Crown’s absolute discretion to Grantee and Grantor, to Grantee or at Grantee’s request, directly to a public utility, at no cost and in a location mutually and reasonably acceptable to Grantor and Grantee. Grantee’s use of the right-of-way described above shall not materially and adversely interfere with Grantor’s customary use of Grantor’s Property. To the extent the Lease Agreements permit relocation of the access easement, or the written consent of the tenants under the Lease Agreements is obtained, Grantor shall have the right, upon one hundred eighty (180) days’ prior written notice to Grantee, to relocate the non-exclusive right-of-way described in subsection (a) above, in its discretion, provided that: (i) Grantee has uninterrupted vehicular and pedestrian access to utilize the Easement Area for the Permitted Use. Grantor agrees to be named applicant if requested by Crown. In furtherance of the foregoing, Grantor hereby appoints Crown as Grantor’s attorney-in- fact to execute all land use applications, permits, licenses and there is other approvals on Grantor’s behalf. Grantor shall be entitled to no interruption further consideration with respect to any of utility services; (ii) the relocation does not interfere foregoing matters. Grantor shall take no action that would adversely affect the status of the Easement Area with Grantee’s access respect to the Easement Area; (iii) Grantor pays all costs and expenses associated with the relocation of the right-of-way, if any; (iv) there are no conditions, restrictions, encumbrances, easements, or third party interests that could result in reduction or termination of Grantee’s access over the new right-of-way; (v) Grantor provides Grantee with a legal description at least one hundred eighty (180) days prior to the relocation of the right-of-way; and (vi) Grantee must reasonably agree to the relocation of the right-of-wayPermitted Use.