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the required maintenance, Target, after at least thirty (30) days prior notice to Developer, shall <br /> have the right, but not the obligation, to cause such maintenance to be performed. If such <br /> curative measures are taken Developer shall, upon demand, immediately pay to Target, all costs <br /> and expenses incurred with respect to such curative action. In addition, Target shall have the <br /> right to create a lien upon the Developer Tract in order to secure payment of the amount <br /> expended by Target to perform such maintenance, plus Interest at the rate set forth in Section 6.2 <br /> hereof. The provisions of this Section 2.1(C) shall survive the expiration of this OEA. <br /> 2.2 Utilities <br /> (A) Each Party hereby grants and conveys to each other Party non-exclusive, <br /> perpetual easements in, to, over, under, along and across those portions of the grantor's Tract <br /> (exclusive of any portion located within Building Areas) necessary for the installation, operation, <br /> flow, passage, use, maintenance, connection, repair, relocation, and removal of Utility Lines <br /> serving the grantee's Tract. The initial location of any Utility Line shall be subject to the prior <br /> written approval of the Party whose Tract is to be burdened thereby. Such easement area shall be <br /> no wider than necessary to reasonably satisfy the requirements of a private or public utility <br /> company, or five (5) feet on each side of the centerline if the easement is granted to a Party. The <br /> grantee shall provide to the grantor a copy of an as-built survey showing the location of such <br /> Utility Line. All Utility Lines shall be underground except: <br /> (i) Ground mounted electrical transformers; <br /> (ii) As may be necessary during periods of construction, reconstruction, repair <br /> or temporary service; <br /> (iii) As may be required by Governmental Authorities; <br /> (iv) As may be required by the provider of such utility service; and <br /> (v) Fire hydrants. <br /> At least thirty (30) days prior to utilizing the easement granted herein, the grantee shall provide <br /> the grantor with a written statement describing the need for such easement, shall identify the <br /> proposed location of the Utility Line, the nature of the service to be provided, the anticipated <br /> commencement and completion dates for the work. Prior to commencing any work on a <br /> 8 <br /> ft592904 v5-OEA-Decatur <br /> 9/19/2003 <br />