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1. Sewer Easement. <br />a. Grant of Easement. Unless and until such time as the Sewer Line is publicly dedicated in <br />accordance with Section 2(c) hereof, and the dedication is accepted by the applicable governmental entity, <br />Grantor Parcel Owner hereby grants to Grantee Parcel Owner a permanent easement over, across and <br />through the Sewer Easement Area for the purposes of using the Sewer Line for sanitary sewer use and <br />providing sanitary sewer access from the Grantee Parcel to the Sewer Line (the "Sewer Easement"). <br />b. Sewer Line Maintenance Work. Unless and until such time as the Sewer Line is publicly <br />dedicated in accordance with Section 2(c) hereof, and the dedication is accepted by the applicable <br />governmental entity, the Grantee Parcel Owner shall be responsible, at its sole cost and expense, for the <br />operation, inspection, maintenance, replacement and repair of the Sewer Line (collectively, the "Sewer <br />Line Maintenance Work") necessary to keep it in good working order. Accordingly, the Grantor Parcel <br />Owner hereby establishes and grants to the Grantee Parcel Owner an easement over and across those <br />portions of the Grantor Parcel as shall be reasonably necessary to perform the Sewer Line Maintenance <br />Work from time to time; provided, however, the Grantee Parcel Owner shall give the Grantor Parcel Owner <br />reasonable notice prior to performing any Sewer Line Maintenance Work and to coordinate such Sewer <br />Line Maintenance Work with Grantor Parcel Owner as shall be reasonably necessary to minimize <br />disruption to any uses, events or activities taking place upon the Grantor Parcel. Notwithstanding the <br />foregoing, in the event of an emergency, the Grantee Parcel Owner shall have the right to immediately <br />perform the Sewer Line Maintenance Work, provided that the Grantee Parcel Owner shall promptly notify <br />the Grantor Parcel Owner of such action. Notices under this Agreement may be given to the Grantor Parcel <br />Owner at the address of the Grantor Parcel Owner or to the Grantee Parcel Owner at the address of the <br />Grantee Parcel Owner as shown on Cabarrus County, North Carolina ad valorem real property tax records. <br />C. Public Dedication of Sewer Line. The Grantee Parcel Owner shall have the right, in its <br />discretion, to publicly dedicate the Sewer Line and/or the Sewer Easement Area. In connection therewith, <br />Grantor Parcel Owner agrees to sign and deliver, within ten (10) days after the Grantee Parcel Owner's <br />request, each plat, deed of dedication, or other instrument related to dedicating the Sewer Easement Area <br />that Grantee Parcel Owner and/or the applicable governmental authority accepting the Sewer Easement <br />Area requests, and to otherwise cooperate with publicly dedicating the Sewer Easement Area. <br />d. Repairs. The Grantee Parcel Owner shall repair any damage to the Grantor Parcel <br />resulting from the use of the Sewer Line and/or the Sewer Easement Area, including, but not limited to, the <br />Sewer Line Maintenance Work, by the Grantee Parcel Owner and its contractors, subcontractors, agents, <br />employees, consultants and other representatives. <br />2. Severability. Should any provision hereof be declared invalid by legislative, administrative or <br />judicial body, the other provisions hereof shall remain in full force and effect and shall be unaffected by same. <br />3. Amendment to Agreement. This Agreement may be amended only by a written agreement <br />executed by the Grantor Parcel Owner and the Grantee Parcel Owner. <br />4. Counterparts. This Agreement may be executed in counterparts, all of which taken together shall <br />be deemed one original when executed by both parties hereto. <br />5. Governina Law. This Agreement shall be governed by and construed in accordance with the laws <br />of the State of North Carolina. <br />6. Covenants Run with the Land. The terms of this Agreement and all easements established by this <br />Agreement shall constitute covenants running with, and shall be appurtenant to, the Grantor Parcel and Grantee <br />Parcel. All terms of this Agreement and all easements established by this Agreement shall inure to the benefit of <br />and be binding upon the parties which have an interest in the benefited or burdened land and their respective <br />successors and assigns in title. <br />2 <br />Page 98 <br />