AG 2010 01 19 - Laserfiche WebLink

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~. L'pon completion of anv- installation, maintenance, repair or replacement work as provided for herein. Grantee shall, at its o~~n expense, restore the surface of the affected area to reasonably approximate its condition prior to such work being performed. In the event that Grantee tails to restore the atf.:cted area to such condition, Grantor may elect to undertake such restoration and the cost of such restoration shall be the soli responsibility of Grantee. 6. Run with the Land; Public Utility. The permanent easement granted herein shall be perpetual and shall run with the land and shall 6e binding on and inure to the benefit of the parties hereto and their successors and assigns; provided, however, in the event that such easement is dedicated to and accepted by the City of Concord, n,..._... 41' • ~ •, Cabarrus t.vuucy t?r aiij~ puuiic Or quast-goycrnI'3"ieittdl utility Con-ipartj% OC a~:.l-tCL-, all rights granted hereunder and all obligations ;hall be immediately extinguished. Until such time, if anv, as an express dedication or other conveyance to a governmental, quasi- govenunental or other public utility is made, the easements conveyed and established hereunder shall be private. Furthermore, in the event of a dedication of the easement ;ranted herein, and acceptance thereof by- the applicable municipal entity or public or quasi-governmental utility company or agency, Grantor's consent hereto shall be deemed consent to such dedication and no further consent from Grantor shall be necessary- in order to effectuate such dedication. \[iscellaneous. a. No waiver of anv provision of this Agreement shall be deemed to imply or constitute a further waiver of that provision or anv other provision. Should any provision 6e declared invalid by a legal authority of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. b. Failure of any party hereto to comply with any or all of the terms and conditions of this Agreement shall not, under any circumstances, entitle any other party hereto to terminate this Agreement, or any portion herein, but shall give rise to such other remedies as may be provided in this .agreement or by law or equity. All rights, powers and privileges incurred hereunder shall be cumulative and in addition to and not the exclusion of those provided by- law or equity. c. This Agreement shall be governed by and construed in accordance ~yith the law, of the State of Vorth Carolina. d. Spouses of grantors have joined in executinJ this agreement for the sole purpose of conveying their marital interests, i f any. [RED[:\f~~DER OF P.-\GE [tiTE~;"C[OV.-\LLY BL,~~`K: S[G~ATURE P.-\GE TO FOLLO\\'] G~~csR azss~~~ ~ •. i Attachment number 5 F-3 Page 94