NON-EXCLUSIVE EASEMENT. The rights granted to Spearfish hereby are non-exclusive. Owner may continue to use the Easement Area and grant others rights to use the Easement Area in a manner that does not interfere with Spearfish’s rights hereunder. Members of the public are not required to obtain Owner’s permission to use and occupy the Easement Area. Public occupation will be consistent with the intent of this Agreement and further will be consistent with the terms and conditions stated herein. The rights Owner retains include those set forth below:
(a) Mitigating Risk. Owner may cut trees or otherwise disturb resources to the extent reasonably prudent to remove or mitigate against an unreasonable risk of harm to persons on or about the Easement Area.
NON-EXCLUSIVE EASEMENT. It is understood and agreed by Grantor and Grantee that the rights granted herein are not exclusive to Grantee, and notwithstanding anything herein to the contrary, maintenance and restoration obligations related to the Easement (“Common Obligations”) are shared amongst current and future holders of rights to the Easement. Grantor and Grantee shall make reasonable efforts to proportionately allocate and collect costs associated with Common Obligations among the various past, present and future right holders to the Easement.
NON-EXCLUSIVE EASEMENT. Beginning at a point in the north right of way of Hill Avenue, said point being located 129.03 feet, more or less, from the intersection of the north right of way of Hill Avenue with the west right of way of State Street; thence from said beginning point and continuing with the right of way of Hill Avenue, South 65 deg. 55 min. West, 15.0 feet to an iron pin; thence leaving the right of way of Hill Avenue, North 24 deg. 57 min. West, 135.0 feet to an iron pin; thence North 65 deg. 55 min. East, 15.01 feet to an iron pin; thence South 24 deg. 57 min. East, 135.01 feet to a point in the right of way of Hill Avenue, the point of beginning, containing 1728 square feet or .05 acres, more or less.
NON-EXCLUSIVE EASEMENT. The public pedestrian access easement granted by this Easement Agreement is non-exclusive. The parties acknowledge that the Developer may operate or construct certain utility lines beneath the surface of the Project Trail Property, and hereby reserves the right to install, maintain, repair and replace such utility lines. If the Trail will be partially or totally closed to service the utility lines, Developer shall notify the Park Board in advance, shall erect signs and/or barriers to notify the public of the closure, and shall not close the Trail for longer than is reasonably necessary to service the lines, and shall promptly restore any Trail Improvements disturbed or altered.
NON-EXCLUSIVE EASEMENT. 4.1 The Easement is non-exclusive. AEP retains, reserves, and will continue to enjoy the use of the Easement Area for any and all purposes including but not limited to constructing, reconstructing, upgrading, inspecting, patrolling, operating, maintaining, removing, repairing, and replacing other electric transmission, interconnection, or distribution facilities thereon, provided such uses do not damage Grantee’s Facilities, or interfere with and are not inconsistent with the Permitted Uses granted herein.
4.2 Grantee agrees that its activities on the Easement Area and the design, construction, operation, and maintenance of Grantee’s Facilities will be undertaken in a manner to reasonably avoid, eliminate, and minimize all risks to the safe and reliable operation and maintenance of other electric transmission facilities situated thereon (the “Other Facilities”). In the event that any change, upgrade, or improvement undertaken after the Effective Date to Grantee’s Facilities interferes in any material respect with the safe and reliable operation or maintenance of any of the Other Facilities as the same may exist at the time of such change, upgrade or improvement by Grantee, Grantor shall promptly provide Grantee with written notice of such material interference. Grantee shall promptly make, at its own expense, those changes reasonably necessary to eliminate such interference identified in AEP’s written notice.
NON-EXCLUSIVE EASEMENT. It is agreed that this Easement is non-exclusive and that other uses are permitted, provided that other easements and uses do not interfere with the safety, operation, or maintenance of the Grantee's Pipeline Facilities and Grantee consents to such uses as required in the Agreement.
NON-EXCLUSIVE EASEMENT. Landlord hereby grants Tenant, Tenant's agents, employees licensees and invitees a non-exclusive easement to use the driveways and parking areas outlined on Exhibit A attached hereto (the "Easement Areas"), in combination with others. Landlord hereby covenants that 26 parking spaces will be available for Tenant's use at all times.
NON-EXCLUSIVE EASEMENT. The easement granted hereunder is non-exclusive. This easement is subject and subordinate to all existing rights, rights of way, licenses, leases, reservations, franchises and easements of record, or that would be evident from a physical inspection or accurate survey of the Property, in and to the Property. Nothing contained herein may be construed to prevent GRANTOR from granting other easements, franchises, licenses, leases or rights of way over said lands, provided however, that said subsequent uses do not unreasonably prevent or obstruct XXXXXXX’s easement rights hereunder. GRANTEE shall be responsible for any and all damages, costs and loss of revenue or income due to disruption of business by XXXXXXX’s activities within the easement area. GRANTOR has a lease will continue to lease the property.
NON-EXCLUSIVE EASEMENT. The Easement shall be non-exclusive and shall not preclude Owner or its employees, contractors, or other agents from use of the Easement Premises. Owner shall not use the Easement Premises in any manner that interferes with the City’s construction activities therein.
NON-EXCLUSIVE EASEMENT. The easement rights granted herein are non-exclusive in nature. Grantor shall have the right to construct improvements upon, and to otherwise use, Grantor's Property for any purpose not inconsistent with (a) the full use and enjoyment of the rights established hereby and herein to benefit Grantee, or (b) any other restrictions of record affecting Grantor's Property. No reasonable exercise of any rights granted hereunder shall be deemed an overburdening of Grantor's Property affected.
