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