Common use of EASEMENTS AND RIGHTS OF ACCESS Clause in Contracts

EASEMENTS AND RIGHTS OF ACCESS. Unless otherwise provided in an agreement approved by the CITY and the DEVELOPER, the DEVELOPER hereby grants and gives the CITY the exclusive right or privilege to own, maintain, and operate the water and wastewater facilities in, under, over and across the present and future streets, roads, easements, reserved utility sites as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of the record plats and this Agreement. The DEVELOPER hereby further agrees that the foregoing grants shall include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be for such period of time as the CITY requires such rights, privileges or easements in the ownership, maintenance, operation or expansion of the water and wastewater facilities; that in the event the CITY is required to install any of the above facilities within the Property lying outside the streets and easement areas described above, then the DEVELOPER shall grant to the extent reasonably possible to the CITY, without cost or expense to the CITY, the necessary easement or easements for such “private property” installation; provided, all such “private property” installation by the CITY shall be made in such a manner as not to interfere with the then or future use of such “private property.” The CITY covenants that it will use due diligence in ascertaining all easement locations; however, should the CITY accept ownership of any facilities outside a dedicated easement area, the DEVELOPER, on behalf of itself and the successors and assigns of the DEVELOPER, covenants and agrees that the CITY will not be required to move or relocate any facilities lying outside a dedicated easement area. The CITY, hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the appropriate industry with respect to installation of facilities in the easement areas; and the DEVELOPER in granting easements therein or pursuant to the terms of this Agreement, shall have the right to grant exclusive or non-exclusive rights, privileges and easements to (a) other entities to provide to the Property any utility services other than water and wastewater service and (b) such other purposes deemed acceptable to the DEVELOPER, provided that the same does not unreasonably interfere with the use of the easements granted to the CITY under this Agreement.

EASEMENTS AND RIGHTS OF ACCESS. Unless otherwise provided in an agreement approved by the CITY and the DEVELOPER, the The DEVELOPER hereby grants and gives the CITY the exclusive right or privilege to own, maintain, and operate the water and wastewater facilities in, under, over and across the present and future streets, roads, easements, reserved utility sites as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of the said record plats and this Agreement. The DEVELOPER hereby further agrees that the foregoing grants shall include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be for such period of time as the CITY requires such rights, privileges or easements in the ownership, maintenance, operation or expansion of the water and wastewater facilities; that in the event the CITY is required to install any of the above facilities within the Property lying outside the streets and easement areas described above, then the DEVELOPER shall grant to the extent reasonably possible to the CITY, without cost or expense to the CITY, the necessary easement or easements for such “private property” installation; provided, all such “private property” installation by the CITY shall be made in such a manner as not to interfere with the then or future use of such “private property.” The CITY covenants that it will use due diligence in ascertaining all easement locations; however, however should the CITY install or accept ownership of any facilities outside a dedicated easement area, the DEVELOPER, on behalf of itself and the successors and assigns of the DEVELOPER, covenants and agrees that the CITY will not be required to move or relocate any facilities lying outside a dedicated easement area. The CITY, hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the appropriate industry with respect to installation of facilities in the easement areas; and the DEVELOPER in granting easements therein or pursuant to the terms of this Agreement, shall have the right to grant exclusive or non-exclusive rights, privileges and easements to (a) other entities to provide to the Property any utility services other than water and wastewater service and (b) such other purposes deemed acceptable to the DEVELOPER, provided that the same does not unreasonably interfere with the use of the easements granted to the CITY under this Agreementservice.

EASEMENTS AND RIGHTS OF ACCESS. Unless otherwise provided in an agreement approved by the CITY and the DEVELOPER, the The DEVELOPER hereby grants and gives the CITY the exclusive right or privilege to own, maintain, and operate the water and wastewater facilities in, under, over and across the present and future streets, roads, easements, reserved utility sites as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of the said record plats and this Agreement. The DEVELOPER hereby further agrees that the foregoing grants shall include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be for such period of time as the CITY requires such rights, privileges or easements in the ownership, maintenance, operation or expansion of the water and wastewater facilities; that in the event the CITY is required to install any of the above facilities within the Property lying outside the streets and easement areas described above, then the DEVELOPER shall grant to the extent reasonably possible to the CITY, without cost or expense to the CITY, the necessary easement or easements for such “private property” installation; provided, all such “private property” installation by the CITY shall be made in such a manner as not to interfere with the then or future use of such “private property.” The CITY covenants that it will use due diligence in ascertaining all easement locations; however, however should the CITY accept ownership of any facilities outside a dedicated easement area, the DEVELOPER, on behalf of itself and the successors and assigns of the DEVELOPER, covenants and agrees that the CITY will not be required to move or relocate any facilities lying outside a dedicated easement area. The CITY, hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the appropriate industry with respect to installation of facilities in the easement areas; and the DEVELOPER in granting easements therein or pursuant to the terms of this Agreement, shall have the right to grant exclusive or non-exclusive rights, privileges and easements to (a) other entities to provide to the Property any utility services other than water and wastewater service and (b) such other purposes deemed acceptable to the DEVELOPER, provided that the same does not unreasonably interfere with the use of the easements granted to the CITY under hereunder. The CITY covenants and agrees that it will assist the DEVELOPER in securing any and all easements deemed necessary, including the use and exercise of its eminent domain powers if deemed necessary, to complete the off-site water and wastewater extensions that are contemplated by this Agreement. The City agrees to act in the capacity as the applicant for the securing of any and all necessary Right-of-Way use permits and hereby covenants and agrees to sign-off on any said applications within 5 days of receipt of same from the DEVELOPER. The DEVELOPER agrees to pay any and all necessary permitting fees.

EASEMENTS AND RIGHTS OF ACCESS. Unless otherwise provided in an agreement approved by the CITY and the DEVELOPER, the The DEVELOPER hereby grants and gives the CITY the exclusive right or privilege to own, maintain, and operate the water and wastewater facilities in, under, over and across the present and future streets, roads, easements, reserved utility sites as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of the said record plats and this Agreement. The DEVELOPER hereby further agrees that the foregoing grants shall include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be for such period of time as the CITY requires such rights, privileges or easements in the ownership, maintenance, operation or expansion of the water and wastewater facilities; that in the event the CITY is required to install any of the above facilities within the Property lying outside the streets and easement areas described above, then the DEVELOPER shall grant to the extent reasonably possible to the CITY, without cost or expense to the CITY, the necessary easement or easements for such “private property” installation; provided, all such “private property” installation by the CITY shall be made in such a manner as not to interfere with the then or future use of such “private property.” The CITY covenants that it will use due diligence in ascertaining all easement locations; however, should the CITY accept ownership of any facilities outside a dedicated easement area, the DEVELOPER, on behalf of itself and the successors and assigns of the DEVELOPER, covenants and agrees that the CITY will not be required to move or relocate any facilities lying outside a dedicated easement area. The CITY, hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the appropriate industry with respect to installation of facilities in the easement areas; and the DEVELOPER in granting easements therein or pursuant to the terms of this Agreement, shall have the right to grant exclusive or non-exclusive rights, privileges and easements to (a) other entities to provide to the Property any utility services other than water and wastewater service and (b) such other purposes deemed acceptable to the DEVELOPER, provided that the same does not unreasonably interfere with the use of the easements granted to the CITY under hereunder. The CITY covenants and agrees that it will assist the DEVELOPER in securing any and all easements deemed necessary, including the use and exercise of its eminent domain powers if deemed necessary, to complete the off-site water and wastewater extensions that are contemplated by this Agreement. The City agrees to act in the capacity as the applicant for the securing of any and all necessary Right-of-Way use permits and hereby covenants and agrees to sign-off on any said applications within 5 days of receipt of same from the DEVELOPER. The DEVELOPER agrees to pay any and all necessary permitting fees.

EASEMENTS AND RIGHTS OF ACCESS. Unless otherwise provided A. Lessor shall retain existing easements and rights of way over the facilities and the premises (and shall reserve additional easements and rights of access) in an agreement approved furtherance of its management obligations and oversight - including right to pass and re-pass over and to be and to remain upon the premises to perform work upon, and to service, water and fire protection facilities and lines, Waste Water Treatment Facility, and for any other purpose required by the CITY Lessor. Easements and the DEVELOPERrights of access have been granted for this purpose to AMETEK, the DEVELOPER hereby grants and gives the CITY the exclusive right or privilege as successor to ownG. E. Further, maintainLessor retains, and operate the water and wastewater facilities inshall have, under, over and across the present and future streets, roads, easements, reserved utility sites as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of the record plats and this Agreement. The DEVELOPER hereby further agrees that the foregoing grants shall include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be for such period of time as the CITY requires such rights, privileges or easements in the ownership, maintenance, operation or expansion of the water and wastewater facilities; that in the event the CITY is required to install any of the above facilities within the Property lying outside the streets and easement areas described above, then the DEVELOPER shall grant to the extent reasonably possible to the CITY, without cost or expense to the CITY, the necessary easement or easements for such “private property” installation; provided, all such “private property” installation by the CITY shall be made in such a manner as not to interfere with the then or future use of such “private property.” The CITY covenants that it will use due diligence in ascertaining all easement locations; however, should the CITY accept ownership of any facilities outside a dedicated easement area, the DEVELOPER, on behalf of itself and the successors and assigns of the DEVELOPER, covenants and agrees that the CITY will not be required to move or relocate any facilities lying outside a dedicated easement area. The CITY, hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the appropriate industry with respect to installation of facilities in the easement areas; and the DEVELOPER in granting easements therein or pursuant to the terms of this Agreement, shall have the right to grant exclusive or non-exclusive rights, privileges easements in connection with said management and oversight (including easements to (a) other entities LOCKHEED XXXXXX CORPORATION in order to provide to facilitate its remediation of the Property any utility services other than water site as required by D. E. P. - See 1.12 above). Said easements and wastewater service and (b) such other purposes deemed acceptable to the DEVELOPER, provided that the same does rights of access shall not unreasonably interfere with the use business activities of the easements Lessee. B. To facilitate the remediation activities to which LOCKHEED is committed (and in which it is now engaged), as indicated in Section 1.12, the Lessor intends to grant, and shall grant, right of access over and upon the Facilities or Complex of which the premises leased hereunder are a part. The easement to be granted to LOCKHEED shall include the CITY under right to pass and xxxxxx, the right to remove soil and the right to engage in soil vapor extraction activities as well as creek sediment remediation. The Lessee does herewith agree and consent to the grant of said easement, right of access and right to pass and xxxxxx to LOCKHEED to facilitate said remediation; and the Lessee shall not interfere with, or impede, the grant of said easement or the remediation conducted in connection therewith. C. The LESSEE shall permit the other LESSEE in the Complex (that is, AMETEK) to pass and xxxxxx over the premises leased to GENERAL SCANNING, INC. to enable AMETEK to have access to the Waste Water Treatment Facility and to the other northerly portions of the Complex that are leased to AMETEK, as shown on EXHIBIT A; provided that this Agreementright of access granted to AMETEK shall not be used in such manner as to unreasonable interfere with the business activities of the LESSEE (i.e. GENERAL SCANNING, INC.).