Common use of Utility Easement Reservation Clause in Contracts

Utility Easement Reservation. Notwithstanding anything in this Lease to the contrary, the Fair Board hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the Speedway Property, (b) Bristol shall have the right to use the areas in which such utilities facilities and appurtenances are located for any purpose in compliance with Applicable Law not inconsistent with the rights reserved to the Fair Board hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises or any portion thereof by Bristol pursuant to the terms of this Lease, and (d) Bristol shall have the right, at Bristol’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Fair Board and the holder of the easement to other locations reasonably satisfactory to Bristol and the holder of the easement. In addition, the Fair Board shall, at no cost or expense to Bristol, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances. The Fair Board does not warrant that any utility services to the Premises will be free from interruptions caused by Force Majeure, and any such interruption of utility services in and of itself shall never be deemed an eviction or disturbance of Bristol’s use of the Premises or any part thereof, or render the Fair Board liable to Bristol for damages or relieve Bristol from performance of Bristol’s obligations under this Lease.

Utility Easement Reservation. Notwithstanding anything in this Lease Agreement to the contrary, the Fair Board Authority hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the Speedway PropertyLand, (b) Bristol StadCo shall have the right to use the areas in which such utilities facilities and appurtenances are located for any lawful purpose in compliance with Applicable Law not inconsistent with the rights reserved to the Fair Board Authority hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises or any portion thereof as a whole by Bristol StadCo pursuant to the terms of this LeaseAgreement, and (d) Bristol StadCo shall have the right, at BristolStadCo’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Fair Board Authority and the holder of the easement to other locations reasonably satisfactory to Bristol StadCo and the holder of the easement. In addition, the Fair Board Authority shall, at no cost or expense to BristolStadCo, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances. The Fair Board does not warrant that any utility services to the Premises will be free from interruptions caused by Force Majeure, and any such interruption of utility services in and of itself shall never be deemed an eviction or disturbance of Bristol’s use of the Premises or any part thereof, or render the Fair Board liable to Bristol for damages or relieve Bristol from performance of Bristol’s obligations under this Lease.

Utility Easement Reservation. Notwithstanding anything in this Lease Agreement to the contrary, the Fair Board Authority hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the Speedway PropertyLand, (b) Bristol StadCo shall have the right to use the areas in which such utilities facilities and appurtenances are located for any lawful purpose in compliance with Applicable Law not inconsistent with the rights reserved to the Fair Board Authority hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises or any portion thereof as a whole by Bristol StadCo pursuant to the terms of this LeaseAgreement, and (d) Bristol StadCo shall have the right, at BristolStadCo’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Fair Board Authority and the holder of the easement to other locations reasonably satisfactory to Bristol StadCo and the holder of the easement. In addition, the Fair Board Authority shall, at no cost or expense to BristolStadCo, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, sidewalks and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances. The Fair Board does not warrant that any utility services to the Premises will be free from interruptions caused by Force Majeure, and any such interruption of utility services in and of itself shall never be deemed an eviction or disturbance of Bristol’s use of the Premises or any part thereof, or render the Fair Board liable to Bristol for damages or relieve Bristol from performance of Bristol’s obligations under this Lease.

Utility Easement Reservation. Notwithstanding anything in this Lease Agreement to the contrary, the Fair Board Authority hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the Speedway PropertyLand, (b) Bristol StadCo shall have the right to use the areas in which such utilities facilities and appurtenances are located for any lawful purpose in compliance with Applicable Law not inconsistent with the rights reserved to the Fair Board Authority hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises or any portion thereof as a whole by Bristol StadCo pursuant to the terms of this LeaseAgreement, and (d) Bristol StadCo shall have the right, at BristolStadCo’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Fair Board Authority and the holder of the easement to other locations reasonably satisfactory to Bristol StadCo and the holder of the easement. In addition, the Fair Board Authority shall, at no cost or expense to BristolStadCo, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances. The Fair Board does not warrant that any utility services to the Premises will be free from interruptions caused by Force Majeure, and any such interruption of utility services in and of itself shall never be deemed an eviction or disturbance of Bristol’s use of the Premises or any part thereof, or render the Fair Board liable to Bristol for damages or relieve Bristol from performance of Bristol’s obligations under this Lease.appurtenances.‌