Common use of Grant of Easements Clause in Contracts

Grant of Easements. Conditioned upon and subject to commencement of the Lease Term, Lessor grants the following easements and rights-of-way over, under and upon Lessor’s Property to Lessee, Lessee’s employees, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an easement over such portions of Lessor’s Property as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal of the facility to be located upon Leased Premises; (ii) an easement over such portion of Lessor’s Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of-way to the Leased Premises; and (iv) a utility easement (the “Utility Easement”) in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes; provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the “Easements”). TO HAVE AND TO HOLD the Easements for the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to remove its Improvements.

Grant of Easements. Conditioned upon The Parties hereby declare, grant, establish, covenant and subject agree that the Parcels shall be benefited and burdened by the following easements: (a) Subject to commencement any express conditions, limitations or reservations contained herein, Multifamily Owner hereby grants to Retail Owner and its Permitees a non-exclusive easement over, through and across the roadway to be constructed on that portion of the Lease TermMultifamily Parcel which is legally described and depicted in Exhibit C (the “North Access Easement Area”) for the purpose of providing access, Lessor grants ingress and egress to the following easements Northern boundary of the Retail Parcel from S. Narcoossee Road so as to provide for the passage of motor vehicles and rights-of-pedestrians and to and from all abutting streets and rights of way furnishing access to such Retail Parcel (the “North Access Easement”). The North Access Easement shall not include access, ingress or egress over, under upon or within any gated portions of the Multifamily Parcel or for any areas that fall outside of the North Access Easement Area. (b) Subject to any express conditions, limitations or reservations contained herein, Retail Owner hereby grants to Multifamily Owner and upon Lessor’s Property its Permitees a non-exclusive easement over, through and across the roadway to Lesseebe constructed on that portion of the Retail Parcel which is legally described and depicted in Exhibit D (the “South Access Easement Area”) for the purpose of providing access, Lessee’s ingress and egress to the Eastern boundary of the Multifamily Parcel from S. Narcoossee Road so as to provide for the passage of motor vehicles and pedestrians and to and from all abutting streets and rights of way furnishing access to such Multifamily Parcel (the “South Access Easement”) (collectively, the North Access Easement and the South Access Easement are the “Access Easements”). (c) The Access Easements shall be used and enjoyed by each Party and their respective employees, agents, contractors, sublesseescustomers, licensees invitees, licensees, tenants and their employees, agents and contractors: (i) an easement over such portions of Lessor’s Property as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal future owners of the facility to be located upon Leased Premises; Parcels (ii) an easement over such portion of Lessor’s Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of-way to the Leased Premises; and (iv) a utility easement (the “Utility EasementPermittees”) in such a manner so as to not unreasonably interfere with, obstruct or delay the location shown in Exhibit ”B”conduct and operations of the business of any other Party or its Permittees at any time conducted on its Parcel, as may be amended by Exhibit “C”including, for without limitation, public access to and from said business or community. Both Parties agree that if either Party should decide to dedicate the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes; provided that in land the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly respective Party owns to the public utility at no cost City and in a location acceptable if the City accepts same without imposing any material adverse obligations upon either Party, that they will dedicate the respective Access Easement(s) to Lessee and the public utility (collectively, the “Easements”). TO HAVE AND TO HOLD the Easements for the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to remove its ImprovementsCity.

Grant of Easements. Conditioned 2.1 Subject to the terms and conditions of this Easement Agreement, the City for itself, its successors and assigns hereby grants to Grantee, its successors and assigns: 2.1.1 a non-exclusive, perpetual easement in, on, over, and upon a portion of the One Parkway Parcel, as more fully described in Exhibit D (“Staff Entrance Easement Area”), for pedestrian ingress and egress to and from the proposed FCC Staff Entrance (“Staff Entrance Easement”); 2.1.2 a non-exclusive, perpetual easement in, on, over, and upon a portion of the One Parkway Parcel, as more fully described in Exhibit E (“Bicycle Storage Easement Area”) for the purpose of providing secure bicycle storage and for pedestrian and bicycle ingress and egress to and from such storage area (“Bicycle Storage Easement”); 2.1.3 non-exclusive, perpetual easement in, on, over, and upon a portion of the One Parkway Parcel, as more fully described in Exhibit E (“Utility Easement Area”), for the purpose of constructing, installing, operating, maintaining and repairing underground utilities for the benefit of the Grantee’s Parcel (“Utility Easement”); and 2.1.4 a non-exclusive, perpetual no-build easement over a portion of the One Parkway Parcel, lying above a plane at 38.45 feet above Philadelphia Datum as more fully described in Exhibit F (“No-Build Easement Area”), for the purpose of permitting construction of the FCC with windows facing the No-Build Easement Area in compliance with [cite variance to be obtained] (“No-Build Easement”). The City shall have the right to use and enjoy fully the No-Build Easement Area, but shall not construct or permit to be constructed any buildings or permanent structures in the No-Build Easement Area. 2.2 The grant of the Staff Entrance Easement, Bicycle Storage Easement, Utility Easement and No-Build Easement (collectively referred to as the “Easements”) and the rights of Grantee and the public in the Easement Areas are expressly subject to commencement all existing rights in the One Parkway Parcel which rights are of record and are recorded in the Lease Term, Lessor grants the following easements and rights-of-way over, under and upon LessorRecorder’s Property to Lessee, Lessee’s employees, agents, contractors, sublessees, licensees and their employees, agents and contractorsOffice. 2.3 Grantee shall not: (i) an easement over such portions exact, impose, collect or require any fee, charge, compensation or other thing of Lessor’s Property as is reasonably necessary value for the construction, repair, maintenance, replacement, demolition and removal use of the facility to be located upon Leased PremisesEasement Areas (defined below); or (ii) an easement over such portion of Lessor’s Property construct any structures, buildings or other improvements on, or otherwise improve, the Easement Areas in a manner inconsistent with the purposes for which the Easements are granted. In this Easement Agreement, the Staff Entrance Easement Area, Bicycle Easement Area, Utility Easement Area, and No-Build Easement Area are collectively referred to as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of-way to the Leased Premises; and (iv) a utility easement (the “Utility EasementEasement Areas.”) in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes; provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the “Easements”). TO HAVE AND TO HOLD the Easements for the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to remove its Improvements.

Grant of Easements. Conditioned upon Subject to the limitations and subject restrictions set forth elsewhere in this Agreement, Grantor hereby grants and conveys to commencement Grantee, on an AS-IS basis without any warranty of any kind, express or implied, the following non-exclusive, perpetual easements, for so long as Grantee owns Parcel 10: a. An easement (“Fishing Easement”) for the sole purpose of bank and xxxx fishing on that portion of the Lease Term, Lessor grants banks of the following easements and rights-of-way over, under and upon LessorBlue River which courses through Grantor’s Property (“Fishing Easement Permitted Use”). The easement area is [that portion of the Grantor’s Property across which the Blue River flows from time to Lesseetime extending from the center line of the Blue River to the high water mark on both sides] OR [that portion of the bed and banks of the Blue River, Lessee’s employeesup to the highwater mark on each side of the river, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an easement over such portions of Lessoron Grantor’s Property as is reasonably necessary for the constructionlegally described and depicted on Exhibit C, repair, maintenance, replacement, demolition attached hereto and removal of the facility to be located upon Leased Premises; (ii) an easement over such portion of Lessor’s Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of-way to the Leased Premises; and (iv) a utility easement incorporated hereby] (the “Utility EasementFishing Easement Area”) in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes; provided that in ). In the event that of any public utility is unable or unwilling to use conflict between this subsection (a) and Exhibit C, Exhibit C shall control. b. An easement (“Access Easement” and, together with the Utility Easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectivelyFishing Easement, the “Easements”) for the sole purpose of accessing, via pedestrian means only, the Fishing Easement Area for the Fishing Easement Permitted Use (“Access Easement Permitted Use” and, together with the Fishing Easement Permitted Use, the “Permitted Uses”). TO HAVE AND TO HOLD The easement area is along a trail from Parcel 10 to the Easements for Fishing Easement Area, which area is legally described and depicted on Exhibit D, attached hereto and incorporated herby (“Access Easement Area” and, together with the purposes provided during Fishing Easement Area, the Lease Term “Easement Areas”). The trail shall at all times remain an unpaved, primitive path, unless Grantor, in its sole discretion, improves the trail or approves in writing Grantee's improvement of the trail. In the event of any conflict between this subsection (b) and thereafter for a reasonable period of time for Lessee to remove its ImprovementsExhibit D, Exhibit D shall control.

Grant of Easements. Conditioned upon and subject Landlord hereby grants to commencement of the Lease Term, Lessor grants the following easements and rights-of-way over, under and upon Lessor’s Property to Lessee, Lessee’s employees, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an easement over such portions of Lessor’s Property as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal of the facility to be located upon Leased Premises; (ii) an easement over such portion of Lessor’s Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for construction, use, maintenance and repair of Tenant an access road for ingress and egress seven easement twenty (720) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend feet in width from the Leasehold Parcel to the nearest accessible public right-of-way to (the Leased Premises; “Access Easement”) and (iv) a utility easement ten (10) feet in width to the nearest suitable utility company-approved service connection points (the “Utility Easement”) in ); the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for the installation, repair, replacement Access Easement and maintenance of utility wires, poles, cables, conduits and pipes; provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit ”B”, are collectively referred to herein as may be amended by Exhibit “C”, at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the “Easements”; the lands underlying the Access Easement and the Utility Easement are collectively referred to herein as the “Easement Parcels,” which Easement Parcels are further described in Exhibits “A” & “B” attached hereto and incorporated herein). TO HAVE AND TO HOLD The Easements granted herein shall include, but not be limited to, a. The right to clear vegetation, cut timber, and move earthen materials upon the Easements Easement Parcels, b. The right to improve an access road within the Access Easement Parcel, c. The right to place use, repair, replace, modify and upgrade utility lines and related infrastructure and equipment within the Utility Easement Parcel, d. The right to enter and temporarily rest upon Xxxxxxxx’s adjacent lands for the purposes provided during of (i) Installing, repairing, replacing and removing the Lease Term Improvements (as defined below) and thereafter any other personal property of Tenant from the Leasehold Parcel and (ii) Improving the Easement Parcels, including the right to bring in and use all necessary tools and machinery, and e. The right of pedestrian and vehicular ingress and egress to and from the Leasehold Parcel at any time over and upon the Access Easement Parcel. The Leasehold Parcel and the Easement Parcels are collectively referred to herein as the “Premises.” Landlord agrees to make such additional direct grants of easement, such grants not to be unreasonably withheld, conditioned or delayed, as Tenant may request in order to further the purposes for a reasonable period of time for Lessee to remove its Improvementswhich Xxxxxx has been granted the easements set forth in this Section 2.

Grant of Easements. Conditioned upon and Grantor hereby grants to each Grantee subject to commencement the terms and conditions of this Agreement, a nonexclusive easement appurtenant to each Grantee’s Dominant Tenement over certain portions of the Lease TermServient Tenement, Lessor grants the following easements and rights-of-way over, under and upon Lessor’s Property to Lessee, Lessee’s employees, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an which are more particularly described as follows: a. Nonexclusive driveway easement over such portions of Lessor’s Property as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal of the facility to be located upon Leased Premises; (ii) an easement over such portion of Lessor’s Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30’) wide easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of-way to the Leased Premises; and (iv) a utility easement (the “Utility Easement”) in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes; provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit ”B”, as may be amended by Exhibit “C”, at the sole option of Lessee, Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the “Driveway Easements,” and individually, a “Driveway Easement”) appurtenant to and running with the Xxxxx Parcel (the “Xxxxx Driveway Easement”), the Xxxxx Parcel (the “Xxxxx Driveway Easement”), the Xxxxxxx Parcel (the “Xxxxxxx Driveway Easement”), and the Xxxx Parcel (the “Xxxx Driveway Easement”), over those portions of the Servient Tenement more particularly described in Exhibit “G”, Exhibit “H”, Exhibit “I”, and Exhibit “J”, respectively, attached hereto and incorporated herein by reference. b. A nonexclusive easement for roadway purposes (the “Roadway Easement”) appurtenant to and running with each Grantee’s Dominant Tenement over that portion of the Servient Tenement that is presently known as Anza Street, more particularly described in Exhibit “K”, attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD The District agrees that henceforth the Roadway Easement shall be named Xxxxxxxx Xxxx. c. The District agrees that the City of Fremont (the “City”) shall be permitted to use the Roadway Easement and the Driveway Easements for public emergency access. The District further agrees to submit a private street application to the purposes provided during City to seek approval of the Lease Term Roadway Easement as a private street to be named Xxxxxxxx Xxxx so that the Roadway Easement may provide legal access to the Xxxxxxxx Xxxx Parcels. The District agrees to pursue approval of the private street application diligently with the City, and thereafter for a reasonable period each Grantee agrees to cooperate fully in obtaining approval of time for Lessee to remove its Improvementsthe private street application.