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3. Grant to O'Brien. EDA hereby grants and conveys to O'Brien a non-exclusive
<br /> • appurtenant easement upon, over and across that part of the EDA Property located within the
<br /> Easement Area for (i) ingress and egress by vehicular and pedestrian traffic for the benefit of
<br /> O'Brien, its members, governors, managers, agents, employees, contractors, invitees, tenants,
<br /> successors and assigns (collectively, the "O'Brien Parties"), (ii) maintenance, repair and
<br /> replacement of the Driveway (hereinafter defined) located within the Easement Area and (iii)
<br /> maintenance, repair and replacement of other portions of the O'Brien Property.
<br /> 4. Grant to EDA. O'Brien hereby grants and conveys to EDA a non-exclusive
<br /> appurtenant easement upon, over and across that part of the O'Brien Property located within the
<br /> Easement Area for (i) ingress and egress by vehicular and pedestrian traffic for the benefit of
<br /> EDA, its shareholders, directors, officers, agents, employees, invitees, tenants, successors and
<br /> assigns (collectively, the "EDA Parties"), (ii) maintenance, repair and replacement of the
<br /> Driveway located within the Easement Area and (iii) maintenance, repair and replacement of
<br /> other portions of the EDA Property.
<br /> 5. No Interference/Obstructions. The O'Brien Parties shall use the Easement Area
<br /> without unreasonably interfering with EDA's use and enjoyment of the EDA Property. The
<br /> EDA Parties shall use the Easement Area without unreasonably interfering with O'Brien's use
<br /> and enjoyment of the O'Brien Property. No truck, automobile, other vehicle, fence or other
<br /> barrier which may unreasonably prevent or obstruct the passage of pedestrians or vehicular
<br /> traffic within the Easement Area shall be parked, erected, installed or placed within or across the
<br /> Easement Area.
<br /> 6. Cross Parking Not Intended. Notwithstanding anything herein to the contrary, (a)
<br /> O'Brien is not granting to EDA any rights for the EDA Parties to park any of their vehicles on
<br /> the O'Brien Property, and (b) EDA is not granting to O'Brien any rights for the O'Brien Parties
<br /> to park any of their vehicles on the EDA Property.
<br /> 7. Construction of Driveway. As soon as reasonably possible, but in no event later
<br /> than June 30, 2006, O'Brien, at its sole cost, shall cause a curb cut and driveway (the
<br /> "Driveway")to be constructed within the Easement Area according to plans and specifications to
<br /> be mutually agreed to by O'Brien and EDA. Notwithstanding the immediately preceding
<br /> sentence, if EDA conveys the EDA Property to a third party (the "Adjacent Owner"), and the
<br /> Adjacent Owner, or any of its tenants, uses the Driveway in the Easement Area, the Adjacent
<br /> Owner or such tenants shall reimburse O'Brien for one-half ('/2) of O'Brien's initial costs to
<br /> construct the Driveway in the Easement Area. The Adjacent Owner's liability for its one-half
<br /> (1/2) share shall not exceed Ten Thousand and No/100 Dollars ($10,000.00). Such amount shall
<br /> be payable to O'Brien when the Adjacent Owner or such tenants begin to use the Driveway in
<br /> the Easement Area. Failure of the Adjacent Owner to pay such amount may be enforced by
<br /> O'Brien as provided in Section 8 below. In no event shall the EDA be responsible for any costs
<br /> relating to the construction of the Driveway.
<br /> 8. Maintenance and Repair of Driveway and Curbing. So long as EDA owns the
<br /> EDA Property, O'Brien shall be solely responsible for the maintenance and repair of the
<br /> • Driveway as set forth herein. Thereafter, O'Brien and the Adjacent Owner (excluding the EDA)
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