PIPELINES/UTILITIES. Lessor and Lessee acknowledge that the Pima Maricopa Irrigation Project (“P-MIP”), the Salt River Project (“SRP”), San Xxxxxx Irrigation Project (“San Xxxxxx”), El Paso Natural Gas Co. (“El Paso”), Xxxxxx Xxxxxx Inc. (“Xxxxxx Xxxxxx”), Gila River Indian Community Utility Authority (“GRICUA”), Gila River Telecommunications Inc. (“GRTI”), Southwest Gas Corp. (“SW Gas”), other utility providers, and Lessor may have constructed pipelines and utilities lines (the “Pipelines/Utilities Lines”) on portions of the Leased Premises, including but not limited to those depicted on the Map of Dedication recorded as Book 1027, Page 19, records of Maricopa County, Arizona (the “Pipelines/Utilities Area”). Lessee consents to an easement over any Pipelines/Utilities Area (the “Pipelines/Utilities Easement”) and the ongoing repair and maintenance of any Pipelines/Utilities Lines. Lessee agrees that this Lease is subordinate to the Pipelines/Utilities Easement, and agrees to execute and deliver any document necessary to confirm such subordination. Lessee shall not place any Improvements in and on the Pipelines/Utilities Easement without the prior written approval of Lessor. Lessor hereby reserves an ingress/egress easement across the Leased Premises for the benefit of P-MIP, SRP, San Xxxxxx, El Paso, Xxxxxx Xxxxxx, GRICUA, GRTI, SW Gas, other utility providers (each if applicable), and Lessor, and their successors in interest, such easement to provide access from the roadway adjacent to the Leased Premises across the Leased Premises to the Pipelines/Utilities Easement.
PIPELINES/UTILITIES. The Concessionaire acknowledges that the Provincial Entities may install, or authorize the installation of new pipelines and utilities, including without limitation oil and gas pipelines, water and sewer lines, fibre optic cable and other electronic communications, in, along, under, across or through the Concession Highway Lands, provided that the Grantor will use commercially reasonable efforts to ensure that the Provincial Entities minimize or cause to be minimized any physical disruption to the operation of the Industrial Concession Highway or physical damage or physical disruption to the Project. The Grantor shall compensate the Concessionaire only for Concessionaire Losses resulting from any such physical disruption or physical damage. The Grantor shall remedy any physical disruption or physical damage caused by a Provincial Entity’s actions under this Section 2.13(b). The Concessionaire’s entitlement to Fees otherwise payable under this Agreement shall not be affected by any physical disruption or physical damage resulting from a Provincial Entity’s actions under this Section 2.13(b) and the Grantor will not be permitted to make any set off from the Fees with respect to these actions. No liquidated damages will be payable under Article 14 as a result of such physical disruption or physical damage. The Concessionaire shall not have the right to install such utilities, except to the extent that such utilities are necessary for the operation and maintenance of the Industrial Concession Highway. No such utilities shall be built in such a manner as to prevent or impede the operation of the Industrial Concession Highway. The Concessionaire shall not be entitled to make and hereby waives any Claim against the Provincial Entities in respect of such physical disruption or physical damage except as provided in this Section 2.13(b).
