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certain portions thereof, and (ii) provide and adopt security measures for personal property,
<br />improvements, employees, tenants and occupants on Grantor's property, and therefore Grantee and
<br />Grantee's officers, agents, contractors or employees shall be required (except in the case of an
<br />emergency) to notify, coordinate with, and obtain approval from Grantor in advance as to the timing,
<br />duration and scope of any such activities to be performed by Grantee within the easement area or any
<br />need by Grantee or its agents or contractors for access upon Grantor' property to the easement area.
<br />Grantee agrees not in any manner to interfere unreasonably with Grantor's use and enjoyment
<br />of Grantor's property adjacent to the easement area in the course of performance of clearing, trenching
<br />for, laying, constructing, reconstructing, using, repairing, replacing, and maintaining said sewer
<br />easement facilities by Grantee or its agents or contractors. However, Grantee or its agents or
<br />contractors shall have the right to construct such barriers and safety measures within and along the
<br />easement area during the performance of such construction activities as may be required in order to
<br />provide a safe and secure work site within the easement area. Any such construction activities must be
<br />performed by Grantee or its agents or contractors with due diligence and only in strict compliance
<br />with and pursuant to all required permits, approvals, requirements and regulations of any applicable
<br />governmental authority or public utility.
<br />3. The permanent easement area herein described shall be kept by Grantor in such condition, at
<br />all times that this easement is in effect, so that Grantee, by and through its proper officers, agents,
<br />contractors or employees, can enter upon the permanent easement area without unreasonable
<br />hindrance or obstruction, subject, however, to the provisions of paragraph 2 above, which shall apply to
<br />any such right of access or entry, and subject to the provisions of paragraph 4 below.
<br />Grantee shall be responsible to maintain in good condition and in a good state of repair the
<br />easement area (in the event it is disturbed by Grantee) and any pipes, manholes or other such sewer
<br />line components constructed within the permanent easement area. If Grantee fails to fulfill its
<br />maintenance and repair obligations within ten (10) days after Grantor has given Grantee notice of the
<br />need to perform any required repair or maintenance (however, no such notice or period for
<br />performance shall be required to be provided by Grantor in the event of an emergency), Grantor shall
<br />have the right, but not the obligation, to perform any required repair or maintenance, and Grantee
<br />agrees to reimburse Grantor the costs and expenses reasonably incurred by Grantor in the
<br />performance thereof promptly upon receipt of notice for payment due and invoices for such costs and
<br />expenses. If Grantee does not comply with its reimbursement obligations under this provision within
<br />twenty (20) days of its receipt of Grantor's notice for payment due and an invoice for such costs and
<br />expenses, the costs and expenses due from Grantee shall incur interest at the then applicable
<br />judgment rate under North Carolina law and Grantor shall be entitled to recover all costs of collection
<br />thereof (including, but not limited to, reasonable attorneys' fees).
<br />4. Grantor agree not to construct or place any structure or fill on or over the permanent easement
<br />herein granted without the prior written consent of Grantee, or to endanger the structural integrity of the
<br />sewer easement facilities and appurtenances thereto, by any construction activities or otherwise.
<br />However, Grantor shall have the unrestricted right, without the prior written consent of Grantee, to
<br />construct, repair, maintain and replace roads, gutters, sidewalks, walls, fencing, paved areas, utilities,
<br />erosion control measures and landscaping within, upon and across the easement areas at such
<br />locations and at any time as Grantor may desire provided that any such improvements are constructed
<br />in accordance with sound construction practices so as to maintain the structural integrity of the sewer
<br />easement facilities and appurtenances thereto. Grantor shall also have the right, without the prior
<br />written consent of Grantee, to tap into the sewer easement facilities at any appropriate location(s)
<br />determined by Grantor and to construct lateral sewer lines that connect into such sewer easement
<br />facilities in order to provide sewer service to Grantor' property or any portion thereof. Grantor shall also
<br />Attachment number 1 \n
<br />G -4 Page 139
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