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202000823 This Easement is conditioned upon Grantee or its designee maintaining a commercial general liability insurance policy for property damage and liability, including but not limited to bodily injury, in the amount of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate. Grantee shall at all times maintain a Workers Compensation or, if applicable, an Employer's Liability Insurance Policy to the Statutory Limits. This Easement is further conditioned upon Grantee being responsible for the acts and omissions (including physical damage or liability) of all subcontractors and sub -subcontractors it uses pursuant to this Easement. Grantee may assign this Easement, together with the rights and obligations associated with the Easement, at any time, to any legal entity, by giving written notification of the assignment to the Grantor at the address noted above. All real estate taxes pertaining to the Easement will be paid by Grantor; any personal property taxes or taxes for Improvements on the real property made by Grantee shall be paid by Grantee. Grantor is hereby authorized to utilize the Easement area located outside of the security fence surrounding the Improvements if Grantor's use does not affect Grantee's use and the performance of Grantee's technology. Grantee may also utilize the area outside of the security fence at any time and may increase the area to be fenced in, without notice to Grantor, so long as the use or fenced area is within the Easement area granted herein. The security fence area will consist of an elevated platform with the purpose of allowing the surface water to naturally drain from the North to the South/Southeast. Should Grantor, or its successors or assigns decide to sell the property conveyed herein, or in the event that Grantor files bankruptcy, or is declared insolvent, Grantee shall have a right - of -first refusal to purchase the property conveyed herein. Grantee shall have thirty (30) days from the date of receipt of notice from Grantor to provide notice of Grantee's intent to purchase the property for then assessed fair market value of the property. This right of first refusal shall run with the land and be binding upon the successors and assigns of Grantor and Grantee. If the location of the Access Easement is needed to be changed by the Grantor in the future, the cost of any survey, drafting of access easement, recording of the executed access easement and construction of access easement, if any, are to be paid 100% by Grantor. This Easement shall run with the property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. (Signature on following page)