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within and across that portion of Grantor's Property more particularly depicted and <br />described in Exhibit C attached hereto and incorporated herein ("Easement Area") for the <br />purpose of constructing, installing, operating, replacing, repairing and/or maintaining <br />such pipes, lines, wires, conduits and/or other utilities improvements reasonably <br />necessary for Grantee to access, connect with and use the existing pipes, tines, wires, <br />conduits and/or other utilities located within Grantor's Property for the benefit of <br />Grantee's Property. <br />Furthermore, Grantor hereby grants, for the benefit of Grantee's Property, a <br />temporary, non-exclusive easement over, upon, within and across that portion of <br />Grantor's Property more particularly depicted and described in Exhibit D attached hereto <br />and incorporated herein ("Temporary Construction Easement Area") for the purpose of <br />performing the rights granted above. The foregoing temporary construction easement <br />shall terminate when Grantee's construction and installation of the permanent sewer <br />facilities have been installed and Grantee has restored the Easement Area and Temporary <br />Construction Easement Area to its original condition in accordance with the provisions <br />set forth herein, or one year from the date of this Agreement, whichever first occurs. <br />Grantee will notify Grantor, the date construction commences. <br />2. Maintenance and Repair Obli atg~ ions. <br />a. Grantee shall be solely responsible for the maintenance, repair and <br />replacement of any of its facilities located on Grantee's Property. <br />b. Grantor shall be entitled to commence or complete any reasonably <br />necessary item of maintenance on Grantee's utility improvements to the extent same <br />materially and adversely affects the function of Grantor's utilities, but only in the event <br />that Grantee first declines to perform, or cause to be performed, such item, or in the event <br />that Grantee fails to perform, or cause to be performed, such item with reasonable <br />diligence. In such event, Grantor shall, upon completion, provide Grantee with an <br />invoice detailing the work performed and the total cost and Grantee shall be obligated to <br />reimburse Grantor within sixty (64) days of its receipt of such invoice. <br />c. In the event that Grantee fails to reimburse Grantor as required herein, the <br />outstanding amount due shall begin to accrue interest (back to the date of the applicable <br />invoice) until paid in full at the rate of twelve percent (12%) per annum. <br />d. Notwithstanding anything else contained herein, in the event that a party <br />hereto, by reason of the negligence or willful actions of itself, its employees, agents, <br />contractors, or sub-contractors, shall cause material damage to the utilities improvements <br />solely for use by the other party, then such party causing such damage shall be solely <br />responsible for any and all actual and reasonable costs associated with repairing and/or <br />replacing such facilities. In such instance, the aggrieved party shall be entitled to, upon <br />completion of any necessary repair or replacement, provide the aggrieving party with an <br />invoice detailing the work performed and the cost thereof. The aggrieving party shall <br />reimburse the aggrieved party within thirty {30) days of its receipt of such invoice. <br />WCSR 4i24644v1 <br />F-3 <br />Attachment number 9 <br />231 <br />