Common use of Grant of Easement Clause in Contracts

Grant of Easement. Grantor does hereby grant, bargain, and convey to Grantee, for the benefit of the Grantee Land, a non-exclusive easement (the “Easement”) on, over, and across that portion of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”), solely for the purposes set forth herein. Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, over, and across the Easement Area; (b) construct, maintain, and use, or grant unto others the right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Area, including, without limitation, by adding additional or removing any structures, facilities, or other improvements that are situated in the Easement Area, changing the use, configuration, and elements of such Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to certain portions of the Easement Area from time to time to the extent reasonably necessary for repair, maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that (i) Grantee and Xxxxxxx’s agents, employees, contractors, guests, invitees, heirs, successors, executors, administrators, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, and across the Easement Area for the purposes set forth in Section 3 below, and (ii) any such modifications or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access to or use of the Easement Area as provided in Section 3 below or otherwise adversely affect in any material respect Grantee’s easement rights as provided in this Agreement.

Grant of Easement. Grantor does hereby grantgrants, bargainbargains, sells and convey conveys to Grantee, for the benefit of the Grantee Landits successors and assigns forever, a perpetual, non-exclusive appurtenant easement (the “Easement”) on, over, and across that portion of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”)through, solely for the purposes set forth herein. Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, over, and across the Easement Area; Area (bdefined below) constructfor the purpose of laying, maintainconstructing, installing, inspecting, operating, using, maintaining, repairing, removing, enlarging, and/or reconstructing the [water line / sewer line] and use, or grant unto others the right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Arearelated facilities, including, without limitation, by adding additional pipes, fixtures, equipment, meters, pumps, connections and other personal property (collectively, “Facilities”) for the conveyance and transfer of [water / sewer], as may be reasonably necessary, appropriate or removing any structures, facilities, or other improvements that are situated in the Easement Area, changing the use, configuration, and elements of such Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to certain portions desirable for Grantee’s use of the Easement Area from time to time to the extent reasonably necessary for repair[water line / sewer line], maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that TOGETHER WITH (i) Grantee a perpetual, non-exclusive appurtenant easement and Xxxxxxx’s agentsright for access, employees, contractors, guests, invitees, heirs, successors, executors, administratorsingress, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, egress over and across the Easement Area for Xxxxxxx’s exercise of the purposes set forth in Section 3 below, and easement rights herein conveyed; (ii) any such modifications or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access a perpetual, non-exclusive appurtenant easement and right to or use of clear and keep the Easement Area as provided in Section 3 below free of trees, structures, buildings, fixtures, xxxxx, septic tanks, underground storage tanks, garbage, or otherwise adversely affect any type of personal property which may interfere in any material respect way with or endanger the [water line / sewer line], the Facilities or Grantee’s easement rights as provided under this Easement provided, however, Grantor may pave over the Easement Area in this Agreement.connection with the construction of a parking lot (if such paving does not interfere with the rights given to Grantee hereunder); and

Grant of Easement. As evidenced by the Partie's execution and delivery of this Agreement, Grantor does hereby grantgrants, bargainbargains, sells, and convey conveys to Grantee and Grantee's lessees, for the benefit of the Grantee Landsub-lessees, licensees, sub-licensees, contractors, agents, employees, successors, and assigns a non-exclusive easement (the “Easement”) onexclusive, overirrevocable, non-terminable, perpetual, ten foot wide right, interest, privilege, right-of-way, and across that portion of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”), solely for the purposes set forth herein. Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, easement over, and across the Easement Area; (b) construct, maintain, and use, or grant unto others the right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, above, and over through the Property (the "Easement"). The Easement is reflected, depicted, and described more specifically as "C/L PROPOSED 10' FIBER & UTILITY EASEMENT" on Exhibit B to this Agreement. Grantee may use the Easement Areaseven (7) days a week, twenty-four (c24) modify hours a day, on foot or motor vehicle (including trucks) for ingress and egress to the Easement AreaLeased Premises and the construction, includinginstallation, without limitationattachment, by adding additional or removing any structuresoperation, facilitiesrepair, or other improvements that are situated in the Easement Areareconstruction, changing the useimprovement, configurationupgrading, replacement, and elements maintenance of such utility wires, cables, fiber (including fiber optic lines and cables), poles, conduits, pipes, and related appliances, appurtenances, and equipment. In addition to using the Easement, Grantee may access and use the Lease Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to certain other portions of the Easement Area from time Property in order to time to the extent reasonably necessary for repair, maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that (i) Grantee access and Xxxxxxx’s agents, employees, contractors, guests, invitees, heirs, successors, executors, administrators, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, and across use the Easement Area for the purposes set forth in Section 3 belowthis Agreement permits. This Agreement and the Easement are covenants running with the land, burdens on the Property, and (ii) any such modifications or other actions permitted in clauses (a) through (c) above benefits to Grantee and all others entitled to use the Easement under the terms of this Agreement. Grantor shall at no time unreasonably interfere with or restrict Grantee’s or ensure that Grantee and all others entitled to use the other Grantee Parties’ access to or use Easement under the terms of this Agreement will have peaceful and quiet possession, use, and enjoyment of the Easement Area as provided in Section 3 below or otherwise adversely affect in Easement, without any material respect Grantee’s easement rights as provided in this Agreementdisturbance of their possession.

Grant of Easement. Grantor does hereby grant, bargain, and convey to Grantee, for the benefit of the Grantee Landa perpetual, a non-exclusive easement over, above, across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”) on, ). Grantee accepts the Easement over, above, across and across that portion through the Property in its “as is” condition and assumes all risk with respect to its use of the Grantor Land Property for the Easement. Xxxxxxx’s use of the Easement is subject to (i) all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of record as more particularly described on Exhibit C attached hereto of the date of this Agreement; (ii) Grantor’s utility facilities located within the Property as of the date of this Agreement; (iii) other utilities located 297722 within the Property as of the date of this Agreement serving the Grantor, including without limitation water, sewer (sanitary and incorporated herein by reference storm), and electrical lines (the collectively, (ii) and (iii) are “Easement AreaGrantor’s Utilities”), solely for the purposes set forth herein. Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee right to, maintain, repair and the other Grantee Parties replace Grantor’s Utilities; (as defined belowiv) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: to cross the Property for access purposes by service vehicles and Grantor’s employees in three locations shown on Exhibit C, but not for access by the general public (a“Grantor’s Crossings”) grant other easements to, from, over, and across the Easement Area; (b) construct, maintain, and use, or grant unto others the right to construct, maintain, repair and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Area, including, without limitation, by adding additional or removing any structures, facilities, or other improvements that are situated in the Easement Area, changing the use, configuration, and elements of such Easement Area or the structures, facilities, or improvements thereinreplace Grantor’s Crossings; and (dv) temporarily close or restrict access the right of Grantor to certain portions of use the Easement Area from time to time to the extent reasonably necessary Property for repairany purpose, maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that (i) Grantee and Xxxxxxx’s agents, employees, contractors, guests, invitees, heirs, successors, executors, administrators, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, and across the Easement Area for the purposes set forth in Section 3 below, and (ii) any may require that if such modifications use unreasonably interferes with Grantee's existing or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access to or intended use of the Easement Area as provided in Section 3 below that it be promptly removed or otherwise adversely affect in any material respect modified to eliminate such interference. At Grantee’s easement rights request, Grantor shall install a stop sign in each existing or proposed exit driveway where the Grantor’s Crossings intersect with the trail to be constructed and operated by Grantee, so as to allow uninterrupted passage on such trail. Grantee may install pavement markings or other signage on the Property where the Grantor’s Crossings intersect with the trail to be constructed and operated by Grantee. Grantor agrees to apply for and obtain permits from Grantee prior to entering onto the Property to install or operate any additional improvements or commence new uses, and Xxxxxxx agrees not to unreasonably withhold or condition approval of such permits so long as the requested permit does not unreasonably interfere with Xxxxxxx’s existing or intended use of the Easement (provided that Grantor will apply for a construction permit, which may be issued administratively if the duration of construction is less than 180 days, prior to constructing any of Grantor’s Crossings not existing on the Effective Date and Xxxxxxx agrees to cooperate with Grantee in this Agreementthe design of such crossings). Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.

Grant of Easement. Grantor does hereby grant, bargain, and convey to Grantee, for the benefit of the Grantee Landa perpetual, a non-exclusive easement over, above, across and through the Property to construct, operate, replace, repair, and maintain the Improvements (the “Easement”) on, ). Grantee accepts the Easement over, above, across and across that portion through the Property in its “as is” condition and assumes all risk with respect to its use of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”), solely Property for the purposes set forth hereinEasement. Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, over, and across the Easement Area; (b) construct, maintain, and use, or grant unto others the right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Area, including, without limitation, by adding additional or removing any structures, facilities, or other improvements that are situated in the Easement Area, changing the use, configuration, and elements of such Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to certain portions of the Easement Area from time to time to the extent reasonably necessary for repair, maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that (i) Grantee and Xxxxxxx’s agents, employees, contractors, guests, invitees, heirs, successors, executors, administrators, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, and across the Easement Area for the purposes set forth in Section 3 below, and (ii) any such modifications or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access to or use of the Easement Area is subject to (i) all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of record as of the date of this Agreement; (ii) Grantor’s right to maintain, repair, and operate existing structures, uses, activities and improvements on the Property and existing parking stall markers and kiosks in the Property, in the locations shown on the attached Exhibit D, as well as install, maintain, repair, and operate additional parking stall markers and/or kiosks; and (iii) the right of Grantor to use the Property for any purpose, provided in Section 3 below that Grantee may require that if such use unreasonably interferes with Xxxxxxx's use of the Easement that it be promptly removed or otherwise adversely affect in any material respect Grantee’s easement rights modified to eliminate such interference. Grantor agrees to apply for permits from Grantee prior to entering onto the Property to install and operate additional improvements or commence new uses, other than those existing as provided of the Effective Date and described in this AgreementSection, and Grantee agrees not to unreasonably withhold or condition approval of such permits so long as any requested permit does not unreasonably interfere with Xxxxxxx’s use of the Easement. Grantee hereby waives permit fees for Grantor and its contractors for work on the Property. Notwithstanding anything in this Agreement to the contrary, Grantor specifically agrees that it shall not construct any building or other improvements or install landscaping on the Property, other than additional parking stall markers and/or kiosks within the west five (5) feet of the Property, without the prior written consent of Grantee. Xxxxxxx agrees not to unreasonably withhold its consent if the improvement will not unreasonably interfere with Xxxxxxx’s permitted use of the Easement.

Grant of Easement. Grantor does hereby grantgrants, bargainbargains, sells and convey conveys to Grantee, for the benefit of the Grantee Landits successors and assigns forever, a perpetual, non-exclusive appurtenant easement (the “Easement”) on, over, and across that portion of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”)through, solely for the purposes set forth herein. Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, over, and across the Easement Area; Area (bdefined below) constructfor the purpose of laying, maintainconstructing, installing, inspecting, operating, using, maintaining, repairing, removing, enlarging, and/or reconstructing the [water line / sewer line] and use, or grant unto others the right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Arearelated facilities, including, without limitation, by adding additional pipes, fixtures, equipment, meters, pumps, connections and other personal property (collectively, “Facilities”) for the conveyance and transfer of [water / sewer], as may be reasonably necessary, appropriate or removing any structures, facilities, or other improvements that are situated in the Easement Area, changing the use, configuration, and elements of such Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to certain portions desirable for Grantee’s use of the Easement Area from time to time to the extent reasonably necessary for repair[water line / sewer line], maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that TOGETHER WITH (i) Grantee a perpetual, non-exclusive appurtenant easement and Xxxxxxx’s agentsright for access, employees, contractors, guests, invitees, heirs, successors, executors, administratorsingress, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, egress over and across the Easement Area for Grantee’s exercise of the purposes set forth in Section 3 below, and easement rights herein conveyed; (ii) any such modifications or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access a perpetual, non-exclusive appurtenant easement and right to or use of clear and keep the Easement Area as provided in Section 3 below free of trees, structures, buildings, fixtures, xxxxx, septic tanks, underground storage tanks, garbage, or otherwise adversely affect any type of personal property which may interfere in any material respect way with or endanger the [water line / sewer line], the Facilities or Grantee’s easement rights as provided under this Easement provided, however, Grantor may pave over the Easement Area in this Agreement.connection with the construction of a parking lot (if such paving does not interfere with the rights given to Grantee hereunder); and

Grant of Easement. Grantor does hereby grant, bargain, and convey to Grantee, for the benefit of the Grantee Land, a non-exclusive easement (the “Easement”) on, over, and across that portion of the Grantor Land as more particularly described on Exhibit C attached hereto and incorporated herein by reference (the “Easement Area”), solely for the purposes set forth herein. Grantor reserves all rights of ownership and possession of the Easement Area, subject to the rights of Grantee and the other Grantee Parties (as defined below) under this Agreement. Without limiting the foregoing, nothing herein shall limit Grantor’s right to: (a) grant other easements to, from, over, and across the Easement Area; (b) construct, maintain, and use, or grant unto others the right to construct, maintain, and use, utility facilities and licenses and other rights on, across, under, and over the Easement Area, (c) modify the Easement Area, including, without limitation, by adding additional or removing any structures, facilities, or other improvements that are situated in the Easement Area, changing the use, configuration, and elements of such Easement Area or the structures, facilities, or improvements therein; and (d) temporarily close or restrict access to certain portions of the Easement Area from time to time to the extent reasonably necessary for repair, maintenance, or construction of improvements thereon or to prevent a dedication thereof; provided that (i) Grantee and XxxxxxxGrantee’s agents, employees, contractors, guests, invitees, heirs, successors, executors, administrators, and assigns (collectively, the “Grantee Parties”) shall at all times (except in the case of an emergency) have reasonable access to, over, and across the Easement Area for the purposes set forth in Section 3 below, and (ii) any such modifications or other actions permitted in clauses (a) through (c) above shall at no time unreasonably interfere with or restrict Grantee’s or the other Grantee Parties’ access to or use of the Easement Area as provided in Section 3 below or otherwise adversely affect in any material respect Grantee’s easement rights as provided in this Agreement.