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described on Exhibit B attached hereto, together with the right of reasonable and
<br />necessary ingress and egress to and from the Easement Areas in connection with the
<br />exercise of the rights granted herein. The Easements shall permanently run with the title
<br />to the Property and shall inure to the benefit of and be binding upon the parties hereto and
<br />their respective heirs, successors, and assigns, including, but without limitation, to all
<br />subsequent owners of the Property and the Easement Areas and all persons claiming
<br />under them. Notwithstanding the foregoing, Grantor and Grantee acknowledge that the
<br />rights granted hereunder are subject to all matters of record, including, but not limited to,
<br />as related to Easements 1, 5 and 6, Grantor’s rights and privileges associated with the
<br />railroad spur tracks. None of the Easements granted hereunder shall disrupt Grantor’s
<br />(and its successors and assigns) use of or interfere with Grantor’s (and its successors and
<br />assigns) rights in the spur tracks, and Grantee has no right to install new Utility Facilities
<br />(or other structures) in any way that would disrupt Grantor’s (and its successors and
<br />assigns) use of or interfere with Grantor’s (and its successors and assigns) rights in the
<br />spur tracks, except to the extent authorized by Grantor (and its successors and assigns).
<br />Grantee agrees that it will not install overhead electrical utility facilities within
<br />Easements 1, 2, 3, 7, or 8, except upon request by Grantee and agreement by Grantor.
<br />4.Use of Easement Areas by Grantor – Grantor hereby agrees that Grantor will not perform
<br />or allow or cause the construction of any structures or other improvements on the
<br />Easement Areas, including fencing or landscaping, which could damage or obstruct the
<br />Utility Facilitiesor interfere with Grantee’s access to or Grantee’s right to construct,
<br />maintain, and repair the Utility Facilities. Grantor hereby reserves and retains all other
<br />property rights in and to the Easement Areas, including without limitation, the right to
<br />use the Easement Areas for any purpose whatsoever, including, but not limited to, the
<br />right to use, maintain and/or operate any Encroachments (hereinafter defined), so long as
<br />such use does not interfere with Grantee’s rights hereunder. Grantor agrees that
<br />Grantee’s approval will be required before the installation of any new improvements in
<br />the Easement Areas, including the installation of fences, trees or other landscaping;
<br />provided, however, Grantee agrees to grant such approval so long as the proposed
<br />improvement will, in Grantee’s judgment, not interfere with Grantee’s rights hereunder.
<br />If any of the Easements granted hereunder should interfere with Grantor’s, or Grantor’s
<br />tenant’s operations on, or use or redevelopment of Grantor’s property outside of the
<br />applicable Easement Area, the Grantee agrees upon the request of Grantor to relocate the
<br />Easement Areas and Utility Facilities at the expense of Grantor, with the vacated portion
<br />of the applicable Easement being released and conveyed back to Grantor and the site of
<br />the relocated easement area being conveyed and included in this Grant of Easements as
<br />though it had been included ab initio.
<br />5.Conduct of Work and Notification – Any installation, maintenance, replacement, repair
<br />and/or removal of the Utility Facilities performed by Grantee, its agents and employees,
<br />shall be performed at Grantee’s sole cost and expense after thirty (30) days’ notice to
<br />Grantor, except that Grantor may waive this notice period and, in an emergency, the work
<br />may be initiated by Grantee after reasonable notice.
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