EASEMENTS SERVING LEASED PREMISES. a. Lessor hereby grants to Lessee the easements described below in this Section 2 (such easements collectively the “Appurtenant Easements”) as easements appurtenant to the leasehold granted to Lessee in this Lease. Lessee may assign the use of the Appurtenant Easements to Carriers and utility providers (including, but not limited to Duke Energy Corporation) without Lessor’s consent provided that the use of the easements by such utility providers and Carriers shall be limited to providing power, telecommunications and other utilities solely to the Monopole and the Base Station. With the exception of Lessee’s grant of use of the Appurtenant Easements to Carriers and utility providers and as expressly set forth herein the Appurtenant Easement may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void. i. Lessor grants Lessee a nonexclusive, temporary construction easement of varying dimensions over, on, and through adjoining and adjacent portion of the Site, as shown on Exhibit B and identified as the “Temporary Construction Easement” for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of Lessee’s construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree. ii. Lessee shall be permitted the non-exclusive use of a right-of-way, the description of which is shown on Exhibit B hereof and described as the “30’ Wide Ingress/Egress & Utility Easement” or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables from the Leased Premises, over, across and through that portion of the Site designated on Exhibit B. iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non-exclusive easements and rights- of-way to construct, maintain, operate and repair communication and electric power lines, conduits and systems over those portions of the Site designated on Exhibit B hereof and described as the “30’ Wide Ingress/Egress & Utility Easement,” or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, and the right-of-way of Lessee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and provision of telephone and electric service to the Base Station. iv. Lessor hereby grants Lessee a non-exclusive easement and right-of-way for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Exhibit B hereof and described as the “30’ Wide Ingress/Egress & Utility Easement,” or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, the Lessee will promptly re-sod the disturbed areas. x. Xxxxxx shall have the right to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Lessor’s expense. c. With the exception of the temporary construction easement provided for in Section 2 a (i), which may expire sooner as provided in such section, and any utility easements to third- party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
EASEMENTS SERVING LEASED PREMISES. a. Lessor hereby grants to Lessee the easements described below in this Section 2 (such easements collectively the “Appurtenant Easements”) as easements appurtenant to the leasehold granted to Lessee in this Lease. Lessee may assign the use of the Appurtenant Easements to Carriers and utility providers (including, but not limited to Duke Energy Corporation) without Lessor’s consent provided that the use of the easements by such utility providers and Carriers shall be limited to providing power, telecommunications and other utilities solely to the Monopole and the Base Station. With the exception of Lessee’s grant of use of the Appurtenant Easements to Carriers and utility providers and as expressly set forth herein the Appurtenant Easement may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void.
i. Lessor grants Lessee a nonexclusive, temporary construction easement of varying dimensions over, on, and through adjoining and adjacent portion of the Site, as shown on Exhibit B and identified as the “Temporary Construction Easement” for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of Lessee’s construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree.
ii. Lessee shall be permitted the non-exclusive use of a right-of-way, the description of which is shown on Exhibit B hereof and described as the “30’ Wide Ingress/Egress & Utility Easement” or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables from the Leased Premises, over, across and through that portion of the Site designated on Exhibit B.
iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non-exclusive easements and rights- ofrights-of- way to construct, maintain, operate and repair communication and electric power lines, conduits and systems over those portions of the Site designated on Exhibit B hereof and described as the “30’ Wide Ingress/Egress & Utility Easement,” or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, and the right-of-way of Lessee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and provision of telephone and electric service to the Base Station.
iv. Lessor hereby grants Lessee a non-exclusive easement and right-of-way for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Exhibit B hereof and described as the “30’ Wide Ingress/Egress & Utility Easement,” or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, the Lessee will promptly re-sod the disturbed areas.
x. Xxxxxx shall have the right to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Lessor’s expense.
c. With the exception of the temporary construction easement provided for in Section 2 a (i), which may expire sooner as provided in such section, and any utility easements to third- third-party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided.
Appears in 1 contract
Samples: Lease Agreement
EASEMENTS SERVING LEASED PREMISES. a. Lessor hereby grants to Lessee the easements described below in this Section 2 (such easements collectively collectively, the “Appurtenant Easements”) as easements appurtenant to the leasehold granted to Lessee in this Lease. Lessee may assign the use of the Appurtenant Easements to Carriers and utility providers (including, but not limited to Duke Energy Corporation) without Lessor’s consent provided that the use of the easements by such utility providers and Carriers shall be limited to providing power, telecommunications and other utilities solely to the Monopole and the Base Station. With the exception of Lessee’s grant of use of the Appurtenant Easements to Carriers and utility providers and as expressly set forth herein Carriers, the Appurtenant Easement Easements may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void.
i. Lessor grants Lessee a nonexclusive, temporary construction easement of varying dimensions dimensions, not to exceed 15' beyond the Lease Area, over, on, and through adjoining and adjacent portion portions of the Site, as shown on page 3 of 3 of Exhibit B (Construction Easement) and identified as the “Temporary Milestone XX XX Construction Easement” ”, for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of Lessee’s construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree.
ii. Lessee shall be permitted the non-exclusive use of a ten foot (10’) wide right-of-way, the description of which is shown on Page 2 of 3 of Exhibit B (Utility Easement) hereof and described as the “30Milestone XX XX 10’ Wide Ingress/Egress & Utility Easement” ”, or such other right-of-of- way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables from the Leased Premises, over, across and through that portion of the Site designated on Page 2 of 3 of Exhibit B.B (Utility Easement).
iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non-exclusive easements and rights- of-way up to fifteen feet (15’) in width to construct, maintain, operate and repair communication and electric power lines, conduits and systems over those portions of the Site designated on Page 2 of 3 of Exhibit B (Utility Easement) hereof and described as the “30Milestone XX XX 15’ Wide Ingress/Egress & Utility Easement,” ”, or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, and the right-of-way of Lessee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and provision of telephone and electric service to the Base Station.
iv. Lessor hereby grants Lessee a non-exclusive easement and right-of-way ten feet (10’) in width for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Page 1 of 3 of Exhibit B (Access Easement) hereof and described as the “30Milestone XX XX 10’ Wide Ingress/Egress & Utility Access Easement,” ”, or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, the Lessee will promptly re-sod the disturbed areas.
x. Xxxxxx shall have the right to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Lessor’s expense.
c. With the exception of the temporary construction easement provided for in Section 2 a (ia(i), which may expire sooner as provided in such section, and any utility easements to third- party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided.
Appears in 1 contract
Samples: Lease Agreement
EASEMENTS SERVING LEASED PREMISES. a. Lessor hereby grants to Lessee the easements described below in this Section 2 (such easements collectively collectively, the “Appurtenant Easements”) as easements appurtenant to the leasehold granted to Lessee in this Lease. Lessee may assign the use of the Appurtenant Easements to Carriers and utility providers (including, but not limited to Duke Energy Corporation) without Lessor’s consent provided that the use of the easements by such utility providers and Carriers shall be limited to providing power, telecommunications and other utilities solely to the Monopole and the Base Station. With the exception of LesseeXxxxxx’s grant of use of the Appurtenant Easements to Carriers and utility providers and as expressly set forth herein Carriers, the Appurtenant Easement Easements may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void.
i. Lessor grants Lessee a nonexclusive, temporary construction easement of varying dimensions over, on, and through adjoining and adjacent portion portions of the Site, as shown on Exhibit B (Temporary Construction Easement) and identified as the “Smartpole Temporary Construction Easement” ”, for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of LesseeXxxxxx’s construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree.
ii. Lessee shall be permitted the non-exclusive use of a right-of-wayway ten feet (10’) in width, the description of which is shown on Exhibit B (Utility Easement) hereof and described as the “30’ Smartpole 10’-0” Wide Ingress/Egress & Utility Power and Telco Easement,” or such other right-of-of- way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables from the Leased Premises, over, across and through that portion of the Site designated on Exhibit B.B (Utility Easement).
iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non-exclusive easements and rights- rights-of-way up to ten feet (10’) in width to construct, maintain, operate and repair communication and electric power lines, conduits and systems over those portions of the Site designated on Exhibit B (Utility Easement) hereof and described as the “30’ Smartpole 10’-0” Wide Ingress/Egress & Utility Power and Telco Easement,” or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, and the right-of-way of Lessee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and provision of telephone and electric service to the Base Station.
iv. Lessor hereby grants Lessee a non-exclusive easement and right-of-way twenty feet (20’) in width for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Exhibit B (Access Easement) hereof and described as the “30’ Smartpole 20’-0” Wide Ingress/Egress & Utility Access Easement,” ”, or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, the Lessee will promptly re-sod the disturbed areas.
x. Xxxxxx shall have the right to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Lessor’s expense.
c. With the exception of the temporary construction easement provided for in Section 2 a (ia(i), which may expire sooner as provided in such section, and any utility easements to third- third-party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by LessorXxxxxx, Lessee Xxxxxx shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided.
Appears in 1 contract
EASEMENTS SERVING LEASED PREMISES. a. Lessor hereby grants to Lessee the easements described below in this Section 2 (such easements collectively collectively, the “Appurtenant Easements”) as easements appurtenant to the leasehold granted to Lessee in this Lease. Lessee may assign the use of the Appurtenant Easements to Carriers and utility providers (including, but not limited to Duke Energy Corporation) without Lessor’s consent consent; provided that the use of the easements by such utility providers and Carriers shall be limited to providing power, telecommunications and other utilities solely to the Monopole and the Base Station. With the exception of Lessee’s grant of use of the Appurtenant Easements to Carriers and utility providers and as expressly set forth herein herein, the Appurtenant Easement Easements may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void.
i. Lessor grants Lessee a nonexclusive, temporary construction easement of varying dimensions over, on, and through adjoining and adjacent portion portions of the Site, as shown on Exhibit B (Temporary Construction Easement) and identified as the “Temporary Construction Easement” ”, for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of Lessee’s construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree.
ii. Lessee shall be permitted the non-exclusive use of a right-of-way, way having the description of which is location and width as shown and described on Exhibit B (Utility Easement) hereof and described as the “30’ Wide Ingress/Egress & Utility Easement,” or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables communication, power, cable, fiber, gas and other utility cables, conduits and systems from the Leased Premises, over, across and through that portion of the Site designated on Exhibit B.B
iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non-exclusive easements and rights- rights-of-way having the location and width as shown and described on Exhibit B to construct, maintain, operate and repair communication communication, electric power, cable, fiber, gas and electric power other utility lines, conduits and systems over those portions of the Site designated on Exhibit B (Utility Easement) hereof and described as the “30’ Wide Ingress/Egress & Utility Easement,” or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, and the right-of-way of Lessee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and provision of telephone telephone, gas, fiber and electric service to the Base Station.
iv. Lessor hereby grants Lessee a non-exclusive easement and right-of-way having the location and width as shown and described on Exhibit B for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Exhibit B (Access Easement) hereof and described as the “30’ Wide Ingress/Egress & Utility Access Easement,” ”, or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, the Lessee will promptly re-sod the disturbed areas.
x. Xxxxxx shall have the right to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Lessor’s expense.
c. With the exception of the temporary construction easement provided for in Section 2 a (ia(i), which may expire sooner as provided in such section, and any utility easements to third- third-party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided.
Appears in 1 contract
Samples: Lease Agreement
EASEMENTS SERVING LEASED PREMISES. a. Lessor hereby grants to Lessee the easements described below in this Section 2 (such easements collectively collectively, the “Appurtenant Easements”) as easements appurtenant to the leasehold granted to Lessee in this Lease. Lessee may assign the grant use of the Appurtenant Easements to Carriers occupying space within the Leased Premises and to utility providers supplying power, telecom and other services to the Leased Premises (including, but not limited to Duke Energy Corporation) without Lessor’s consent provided that the use of the easements by such utility providers to, Verizon Maryland, LLC and Carriers shall be limited to providing powerPotomac Edison, telecommunications a FirstEnergy Company and/or Baltimore Gas and other utilities solely to the Monopole and the Base StationElectric). With the exception of Lessee’s grant of use of the Appurtenant Easements to Carriers and utility providers and as expressly set forth herein the Appurtenant Easement may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void.DRAFT
i. Lessor grants Lessee a nonexclusive, temporary construction easement of varying dimensions over, on, and through adjoining and adjacent portion portions of the Site, as shown on Page 3 of Exhibit B (Temporary Construction Easement) and identified as the “Temporary Construction Easement” ”, for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of LesseeXxxxxx’s construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree.
ii. Lessee shall be permitted the non-exclusive use of a right-of-way, the description way as shown and depicted on Page 2 of which is shown on Exhibit B hereof and described as the “30’ Wide Ingress/Egress & (Utility Easement” ) or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables from the Leased Premises, over, across and through that portion of the Site designated on Page 2 of Exhibit B.B (Utility Easement).
iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non-exclusive easements and rights- rights-of-way up to ten feet (10’) in width to construct, maintain, operate and repair communication and electric power lines, conduits and systems over those portions of the Site designated on Page 2 of Exhibit B hereof and described as the “30’ Wide Ingress/Egress & (Utility Easement,” ) hereof or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, and the right-of-way of Lessee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and provision of telephone and electric service to the Base Station.
iv. Lessor hereby grants Lessee a non-exclusive easement and right-of-way for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Page 1 of Exhibit B hereof and described as the “30’ Wide Ingress/Egress & Utility (Access Easement,” ) hereof, or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, the Lessee will promptly re-sod the disturbed areas.
x. Xxxxxx shall have the right to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Lessor’s expense.. DRAFT
c. With the exception of the temporary construction easement provided for in Section 2 a (ia)(i), which may expire sooner as provided in such section, and any utility easements to third- third-party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by LessorLessor upon the expiration or termination of the Appurtenant Easements, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided.
Appears in 1 contract
Samples: Lease Agreement
EASEMENTS SERVING LEASED PREMISES. a. Lessor hereby grants to Lessee the easements described below in this Section 2 (such easements collectively collectively, the “Appurtenant Easements”) as easements appurtenant to the leasehold granted to Lessee in this Lease. Lessee may assign the use of the Appurtenant Easements to Carriers and utility providers (including, but not limited to Duke Energy Corporation) without Lessor’s consent provided that the use of the easements by such utility providers and Carriers shall be limited to providing power, telecommunications and other utilities solely to the Monopole and the Base Station. With the exception of Lessee’s grant of use of the Appurtenant Easements to Carriers and utility providers and as expressly set forth herein Carriers, the Appurtenant Easement Easements may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void.
i. Lessor grants Lessee a nonexclusive, temporary construction easement easement, the description of varying dimensions which is shown on Exhibit B (Temporary Construction Easement), over, on, and through adjoining and adjacent portion portions of the Site, as shown on page 3 of 3 of Exhibit B (Temporary Construction Easement) and identified as the “Milestone XX XX Temporary Construction Easement” ”, for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of Lessee’s construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree.
ii. Lessee shall be permitted the non-exclusive use of a right-of-way, the description of which is shown on Page 2 of 3 of Exhibit B (Utility Easement) hereof and described as the “30’ Wide Ingress/Egress & Milestone XX XX Utility Easement” ”, or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables from the Leased Premises, over, across and through that portion of the Site designated on Page 2 of 3 of Exhibit B.B (Utility Easement).
iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non-exclusive easements and rights- of-way way, the descriptions of which are shown on Exhibit B (Utility Easement), to construct, maintain, operate and repair communication and electric power lines, conduits and systems systems, over those portions of the Site designated on Page 2 of 3 of Exhibit B (Utility Easement) hereof and described as the “30’ Wide Ingress/Egress & Milestone XX XX Utility Easement,” ”, or such other right-of-way of similar dimensions as Lessor may designate during the term of this Lease, and the right-of-way of Lessee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and provision of telephone and electric service to the Base Station.
iv. Lessor hereby grants Lessee a non-exclusive easement and right-of-way way, the description of which is shown on Exhibit B (Access Easement), for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Page 1 of 3 of Exhibit B (Access Easement) hereof and described as the “30’ Wide Ingress/Egress & Utility Milestone XX XX Easement,” ”, or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, the Lessee will promptly re-sod the disturbed areas.
x. Xxxxxx shall have the right to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Lessor’s expense.
c. With the exception of the temporary construction easement provided for in Section 2 a (ia(i), which may expire sooner as provided in such section, and any utility easements to third- party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided.
Appears in 1 contract
Samples: Lease Agreement