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I . Giant of Tempor~ment. Grantor hereb <br />Grantee's Property, a tem o Y 8r~~s, for the benefit of <br />p nary, non-exclusive easement over, upon, within and acxoss <br />that portion of Grantor's Property more particularly depicted and described in Exhibit C <br />attached hereto and incorporated herein ("Temporary Construction Easement Area") for <br />the purpose of providing access and a staging area fox work to be performed on the <br />adjoining public right of way known as Cox Mill Road. The foregoing temporary <br />construction easement shall terminate when Grantee's construction and installation of the <br />roadway and right of way facilities have been installed and Grantee has restored the <br />Temporary Construction Easement Area to its original condition in accordance with the <br />provisions set forth herein. <br />2. Maintenance and Repair Obligations. Upon completion of Grantee's work <br />within the Cox Mill Road right of way, Grantee shall, at its own expense, restore the <br />surface of the Temporary Construction Easement Area to its condition prior to such work <br />being performed. In the event that Grantee fails to restore the affected area to such <br />condition, Grantor may elect to undertake such restoration and the cost of such <br />restoration shall be the sole responsibility of Grantee. ° <br />3. 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 ariy 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 Iaw 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 by law or equity. <br />c. This Agreement shall be governed by and construed in accordance with <br />the laws of the State of North Carolina. <br />[REMAINDER OF PAGE INTENTIONALLY BLANK; <br />SIGNATURE PAGE TO FOLLOW] <br />wcsx s9o6as9~i 2 <br />Item# 13 <br />Attachment number 3 <br />Page 79 of 199 <br />