4.3. SR 03-19-2018 - Laserfiche WebLink

Home Browse Search

Grantor’s use of the Easement Areas authorized under Paragraph 4 of this Grant of Easements, except for any negligence on the part of Grantee, its agents, contractors, licensees or invitees and except as otherwise provided under this Grant of Easements. 9. Encroachments. A. Grantee hereby approves the existing encroachments in the Easement Areas caused by Grantor’s building/structures as depicted on Exhibit F and Exhibit G (each, an “Encroachment” and collectively, the “Encroachments”). All Encroachments on the Easement Area shall be at the sole risk of Grantor and no part or loss or damage thereto from whatever cause is to be charged or borne by Grantee, unless caused by the intentional misconduct or gross negligence of Grantee, its employees, agents or contractors. Grantee will exercise due care and diligence to avoid injury or damage to Encroachments in Easement Areas. B. Grantee may terminate the authorization of any or all of the Encroachments granted hereunder if at any time it is necessary for Grantee to occupy or access the Utility Facilities or Easement Areas and the applicable Encroachment is inconsistent with Grantee’s use of the Easement Areas, unless Grantor provides an alternate Easement Area within 90 days of notice by Grantee in which to relocate the applicable Utility Facility. In conjunction with the foregoing, the parties shall work in good faith to amend this Grant of Easements as necessary. All costs, including but not limited to the cost of any survey work, relocation of the applicable Utility Facility, and processing and recording any easement amendments and vacations, shall be at Grantor’s sole cost and expense. C. Grantee acknowledges that, as of the date hereof, none of Grantor’s buildings, structures, or other improvements encroach onto Easement 1. If at any time, however, any of Grantor’s buildings, structures, or other improvements encroach onto Easement 1, such encroachment shall be deemed an Encroachment, and shall be subject to this Paragraph 9. 10. Assignability. This Grant of Easements may not be assigned or transferred to any third party by Grantee without the prior written approval of Grantor and shall automatically terminate if any effort is made to assign or transfer it without written approval. 11. Warranty of Title – Grantor represents and warrants to Grantee that Grantor is the only owner of fee simple title to the Property and that, to Grantor’s knowledge, there are no (i) owners or mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Property except matters of record. 12. Severability. The invalidity of any portion of this Grant of Easements will not and shall not be deemed to affect the validity of any other provisions. In the event that any 4 191673v14