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AG 2009 12 21
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AG 2009 12 21
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Last modified
2/8/2010 4:38:54 PM
Creation date
11/27/2017 11:27:35 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/8/2010
Board
Board of Commissioners
Meeting Type
Regular
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5. Upon completion of any installation, maintenance, repair or replacement <br />work as provided for herein, Grantee shall, at its own expense, restore the surface of the <br />affected area to reasonably approximate its condition prior to such work being performed. <br />In the event that Grantee fails to restore the affected area to such condition, Grantor may <br />elect to undertake such restoration and the cost of such restoration shall be the sole <br />responsibility of Grantee. <br />6. Run with the Land: Public Utility. The permanent easement granted <br />herein shall be perpetual and shall run with the land and shall be binding on and inure to <br />the benefit of the parties hereto and their successors and assigns; provided, however, in <br />the event that such easement is dedicated to and accepted by the City of Concord, <br />Cabarrus County or any public or quasi-goverunental utility company or agency, all <br />rights granted hereunder and all obligations shall be immediately extinguished. Until <br />such time, if any, as an express dedication or other conveyance to a governmental, quasi- <br />governmental or other public utility is made, the easements conveyed and established <br />hereunder shall be private. Furthermore, iu the event of a dedication of the easement <br />granted herein, and acceptance thereof by the applicable municipal entity or public or <br />quasi-governmental utility company or agency, Grantor's consent hereto shall be deemed <br />consent to such dedication and no further consent from Grantor shall be necessary in <br />order to effectuate such dedication. <br />7. Miscellaneous. <br />a. No waiver of any provision of this Agreement shall be deemed to imply or <br />constitute a further waiver of that provision or any other provision. Should any provision <br />be declared invalid by a legal authority of competent jurisdiction, the other provisions of <br />this Agreement shall remain in full force and effect. <br />b. Failure of any party hereto to comply with any or all of the terms and <br />conditions of this Agreement shall not, under any circumstances, entitle any other party <br />hereto to terminate this Agreement, or any portion herein, but shall give rise to such other <br />remedies as may be provided in this Agreement or by law or equity. All rights, powers <br />and privileges incurred hereunder shall be cumulative and in addition to and not the <br />exclusion of those provided bylaw or equity. <br />c. This Agreement shalt be governed by and construed in accordance with <br />the laws of the State of North Carolina. <br />d. Spouses of grantors have joined in executing this Agreement for the sole <br />purpose of conveying their marital interests, if any. <br />[REMAINDER OF PAGE INTENTIONALLY BLANK; <br />SIGNATURE PAGE TO FOLLOW] <br />3 <br />WCSR 4127687~/L ~ <br />Attachment number <br />F-10 Page 154 I <br />
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