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the Effective Date and shall automatically terminate on the earliest to occur of(a)one (1)year following the <br /> Effective Date or(b) date the Project is complete (the "Term"). Notwithstanding the foregoing,Grantee shall <br /> have a reasonable amount of time, not to exceed ten (10) days, after the expiration of the Term to remove <br /> any of Grantee's equipment, materials, or other items of personal property from the Easement Area and to <br /> restore the Easement Area as required by Section 3 below. <br /> 2. REPRESENTATIONS AND WARRANTIES. <br /> 2.1 By Grantee. Grantee represents and warrants that (i) the person executing this <br /> Agreement on behalf of Grantee is duly authorized to do so, Grantee has full right and authority to enter into <br /> and perform under this Agreement; and (ii) upon full execution, this Agreement will constitute the valid and <br /> legally binding obligation of Grantee and be enforceable against Grantee in accordance with its terms. <br /> 2.2 By Grantor. Grantor represents and warrants that (i) Grantor is the owner in fee <br /> simple of the Easement Area; (ii) Grantor has full right and authority to enter into this Agreement and to <br /> grant the Temporary Easement; (iii) neither the execution of this Agreement by Grantor nor the grant of the <br /> Temporary Easement will conflict with or result in a breach of any note or other evidence of indebtedness, <br /> any contract, mortgage, lease or other agreement or instrument by which either Grantor or the Easement <br /> Area is bound; and (iv) upon full execution, this Agreement will constitute the valid and legally binding <br /> obligation of Grantor and be enforceable against Grantor in accordance with its terms. <br /> 3. MANNER OF PERFORMANCE; RESTORATION OF EASEMENT AREA. Grantee's rights <br /> hereunder shall be exercised (i) in a good and workmanlike manner; and (ii) in compliance with all applicable <br /> laws, regulations and codes. Upon expiration of the Term, Grantee shall repair any damage to the Easement <br /> Area or Grantor Property caused by Grantee or its employees, agents, contractors, invitees, or licensees, and <br /> shall otherwise restore the Easement Area to the condition in which it existed on the Effective Date. <br /> 4. MISCELLANEOUS. This Agreement embodies the entire understanding of the Parties with <br /> respect to the Temporary Easement and may be modified only by an instrument in recordable form, <br /> executed by the parties hereto. If either Party commences any legal action against the other Party in relation <br /> to this Agreement,the prevailing Party therein shall be entitled to recover from the other, in addition to any <br /> other relief granted, its reasonable attorney's fees, costs and expenses incidental thereto. This Agreement <br /> may be executed in counterparts which,when taken together,shall constitute one and the same instrument. <br /> The provisions of this Agreement will be binding on the Parties and their respective successors, assigns and <br /> mortgagees to the extent herein provided. <br /> List of Exhibits: <br /> Exhibit A: General Depiction of Easement Area <br /> Exhibit B: Legal Description of Easement Area <br /> (EXECUTION PAGE(S)AND EXHIBITS TO FOLLOW] <br /> {00186671.DOCX;1) 2 <br />