Easement for New Utility Facilities Clause Samples

Easement for New Utility Facilities. Each Party shall have the easement and right, from time-to-time, and with theupon reasonable prior written consent ofnotice to the other Party, which consent shall not be unreasonably withheld, to notifying such Party of such activity and a reasonable timeline for completion of such activity, to install, relocate, maintain, repair, upgrade and improve (including the installation of additionalnew Utility Facilities) within both portions of the Vacated ROW the; that is, such easement includes the City Portion as to any Utility Facilities located upon and within the Vacated ROW, so long as suchinstalled, relocated, maintained, repaired, upgraded or improved by Lake Wire and includes the Lake Wire Portion as to any Utility Facilities installed, relocated, maintained, repaired, upgraded or improved by City. In exercising any easement under Section 3(a) or this Section 3(b), the exercise by a Party of such rights of installation, relocation, maintenance, repair, upgrade and/or improvement doesshall not (i) disrupt utility service already being provided to or by the other Party hereunder unless such other Party consents thereto in writing, and or (ii) unreasonably interfere with the rights and ability of the other Party to use and connect to the Utility Facilities; and provided further that. Furthermore, the Party performing such installation, relocation, upgrading and/maintenance, repair, upgrade or improvement restoresshall (x) restore any damage to the surface of the ground, including pavement, concrete surfaces and any other improvements to the condition that existed prior to the performance of such work. and (y) minimize as reasonably practicable under the circumstances the duration and extent of any interference with or disruption of the other Party’s use and enjoyment of the easement for ingress and egress under Section 2 hereof. Each Party hereby grants to the other Party a non-exclusive and perpetual easement over, across, under and through the Vacated ROW (including the City Portion, as to Lake Wire, and the Lake Wire Portion, as to City) for purposes of effecting any such installation, relocation, maintenance, repair, upgrade or improvement of new Utility Facilities.