Grantee’s Use. Grantee shall use its best efforts to insure that Grantor’s access to Grantor’s Property is not adversely affected beyond what is necessary to complete construction of and to use and maintain the Tracks. Grantee shall take necessary and reasonable measures within its legal authority to ensure that the Grantor’s use and accessibility of Grantor’s Property will not be excessively disturbed or disrupted, unless absolutely necessary, either during the construction phase or the ongoing use and maintenance of the Tracks. Grantee shall procure and maintain all licenses, consents, permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction and use of the Easement Premises by the Grantee.
Grantee’s Use a. Grantee shall have a non-exclusive right to install, operate, inspect, repair, replace, and maintain the Pipeline. During construction periods, not to exceed eighteen (18) months from the date of this Easement, Grantee and its agents may use thirty-five (35) additional feet of Grantor’s property along and adjacent to said Easement in connection with the construction of said facilities.
b. Grantee will not store materials or refuel vehicles or equipment on Grantor’s Land. The use of hazardous materials is prohibited on Grantor’s Land.
c. Grantee acknowledges that Grantor’s existing or future power lines are or may be located within the Easement boundaries and agrees to conduct its activities in strict compliance with all applicable laws, codes, rules, regulations, and standards regarding such power lines. Grantee’s use of Grantor’s Land shall comply in all respects with National Electric Safety Code, and OSHA clearance standards. Grantee shall not make or allow any use of Grantor’s Land that is inconsistent with or that may interfere with Grantor's operation, maintenance, repair, or upgrade of its existing power line facilities and installations or any additional power line facilities or installations that may be constructed hereafter.
d. At no time shall Grantee place, use or permit to be used on said Easement construction cranes or other equipment having a boom or similar attachment which may come in contact with Grantor’s overhead electric lines. At no time shall Grantee place any equipment or material of any kind that exceeds fifteen (15) feet in height, or that creates a material risk of endangering Grantor’s facilities, or that may pose a risk to human safety. Grantee shall maintain a minimum distance of twenty (20) feet between equipment and transmission line conductors (wires).
e. Grantee will not excavate within fifty (50) feet of Grantor’s existing transmission structures. Grantee shall maintain a minimum distance of fifty (50) feet between the Pipeline and Grantor’s structure(s) and transmission line conductors (wires). Grantee shall maintain a minimum distance of thirty-five (35) feet from finished grade to conductors. Grantee shall maintain a minimum distance of fifty (50) feet between approved facilities and the point where the transmission line (steel/wood pole/guy anchor/steel pole) enters the earth.
f. Grantee shall, at its own expense, promptly repair any damage to the Easement area or adjacent lands to Grantor’s satisfaction caused by,...
Grantee’s Use. Grantee shall not allow any smoking or other fire on the Easement in connection with Grantee’s use, and shall exercise due regard for, and shall avoid unnecessary interference with and disturbance of, Xxxxxxx’s use of Grantor’s Property and any residence or other building that may be located thereon.
Grantee’s Use. Grantee, and Xxxxxxx’s owners, managers, members, guests, employees, agents, tenants and contractors shall be permitted to use the Easement for vehicle access and utilities.
Grantee’s Use. In the event the PEG programming levels set forth herein are not being maintained, the Grantee reserves the right to have the underutilized channel returned to the Grantee for the Grantee’s use. The Grantee may utilize the PEG Channel only after giving the Grantor sixty (60) days’ written notice and Grantor fails to maintain the minimum programming levels set forth herein during those sixty (60) days. The Grantor may request return of the PEG Channel used by the Grantee at any time, which request for return shall be accompanied by a showing that the Grantor’s intended use for the PEG Channel will, or is reasonably likely to, meet the programming requirements set forth in this section. The Grantee shall, within ninety (90) days of the date of the written request, cease use of and return the PEG Channel to the Grantor.
Grantee’s Use. In the event the programming levels set forth herein are not maintained or if the Grantor does not adequately use the channel, Grantee reserves the right to have the channel returned to the Grantee for the Grantee’s use. Grantee shall provide Grantor with sixty
Grantee’s Use. The following general conditions shall apply to Xxxxxxx’s use of the Easement Premises:
(a) Grantee shall procure and maintain at its own expense, prior to entry upon Grantor’s Property hereunder, all licenses, consents, permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction, placement, use and operation of the Easement Premises and the Facilities, and Grantee shall strictly observe all laws, rules, statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee’s operations thereon. Grantor may from time to time request reasonable evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor’s Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor’s prior written consent, which consent may be granted or withheld in Grantor’s sole discretion.
(b) In the event any aspect of Grantee’s construction, placement, maintenance, repair, use or operation of the Easement Premises and the Facilities at any time violates or is forbidden by any law, statute, rule, regulation, order or requirement of any governmental authority, Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of the Facilities from Grantor’s Property if required, within the lesser of (i) thirty (30) days from Grantee’s notice of such violation or (ii) the period of time required by law for the correction of such violation.
(c) Xxxxxxx’s use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Xxxxxxx’s Operations.
(d) This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions affecting the Easement Premises (whether recorded or unrecorded).
(e) Grantee’s obligations and liabilities to Grantor under this Easement with respect to the Easement Premises and the Facilities and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of the Facilities, and Grantee shall be and remain liable to Grantor...
