Grant of Easement to Company. Commission hereby grants to Company a non- exclusive, temporary easement for the following limited purposes: (a) for vehicular ingress and egress over and across the Easement Parcel to and from the Company Parcel by Company and its agents, contractors, employees, and tenants; and (b) for Company's installation, use, and maintenance of a crushed gravel driveway and a concrete curb cut and approach in the public right-of-way and/or on the Easement Parcel (the "Permitted Improvements") for vehicular access from the Company Parcel over the Easement Parcel and onto Lafayette Boulevard, provided that the City has first approved Company's plans for installing any such elements. The parties agree that Company will have no right under this Easement to install improvements of any kind on the Easement Parcel other than those specifically permitted in the preceding sentence.
Grant of Easement to Company. Customer hereby grants Company an access easement to the Facility sufficient to allow Company, in Company’s sole discretion, to (i) laydown and stage the Equipment, tools, materials, other equipment and rigging and to park construction crew vehicles in connection with the installation or removal of the Equipment, (ii) inspect and provide maintenance to the Equipment; or (iii) provide any other service contemplated or necessary to perform under this Agreement. Furthermore, if any event creates an imminent risk of damage or injury to the Equipment, any person or person’s property, Customer grants Company immediate unlimited access to the Facility to take such action as Company deems appropriate to prevent such damage or injury (collectively “Access”). Upon execution of this Agreement and the Parties agreement to the Equipment location, Company shall obtain a legal description of the necessary Access locations and provide Customer with an applicable easement form for Customer’s approval and signature. The Customer must also obtain and provide mortgage subordinations, as necessary to protect the Company’s right of Access. Upon receiving the signed easement form and any associated mortgage subordinations, the Company shall record Company’s easement rights in the public records of the County where the Facility is located. All such costs related thereto shall be the included as part of calculating the Customer’s Monthly Service Payment. Failure to provide the above requested documents in the manner set forth above within ninety (90) days of the date of this Agreement shall be a material breach of this Agreement unless such 90-day period is extended in writing by Company. Customer agrees that it will not interfere with Company’s right of access to the Facility as reasonably necessary for (i) Company’s laydown and installation of the Equipment, (ii) Company’s maintenance and/or removal of Equipment, and (iii) Company’s performance of the Service.
