202105790 - Laserfiche WebLink

Browse

202105 90 reservations, rights and rights-of-way of record in addition to those established by this Agreement. (d) Use of the Easements by any Party (or such Party's Permittees), and their successors and assigns shall not unreasonably interfere or impair the other Party (or such Party's Permittees') ownership and use of the Grand Island Property, the Jammain Property, or any portion of the Easements. (e) No fences, barriers. gates or other obstructions ("Impediments") shall be constructed, erected, installed or maintained in the Easements which would impede the use of the Easements; provided that traffic control measures such as stop signs and speed bumps shall be permitted. The Easements shall at all times be kept open to allow unrestricted access to maintain and repair the Easements, subject to the existing and future improvements and current and future configuration of the Properties. Notwithstanding the foregoing, each Party, in its reasonable discretion, may temporarily impede the Easements as to its respective Property (i) for a reasonable period of time during any period of construction on such Property, provided such Party shall use all reasonable means necessary to minimize the effect of the closure or impediment; or (ii) at other times not inconvenient to the use of the Easements for the purpose of avoiding any claim for adverse possession. prescription or public easement. (f) ``Permittees" with respect to any Party shall be defined as such Party's employees, representatives, agents, contractors. customers, invitees, licensees and tenants (and the customers, employees, agents and invitees of such tenants). 3. Grand Island Property Maintenance. Except as otherwise herein provided, Grand Island JV hereby agrees for itself and its successors and assigns that it will remain solely responsible for the cost of maintaining and repairing the Grand Island Property, including the paving and landscaping thereon, in good condition and repair and perform at its sole cost any general cleaning and maintenance of the Grand Island Property. Grand Island JV shall be responsible for all costs incurred arising from the negligence or willful misconduct of Grand Island JV, its agents, employees or contractors that damages any of the Grand Island Property. 4. Jammain Property Maintenance. Except as otherwise herein provided, Jammain hereby agrees for itself and its successors and assigns that it will remain solely responsible for the cost of maintaining and repairing the Jammain Property, including the paving and landscaping thereon, in good condition and repair and perform at its sole cost any general cleaning and maintenance of the Jammain Property. Jammain shall be responsible for all costs incurred arising from the negligence or willful misconduct of Jammain, its agents, employees or contractors that damages any of the Jammain Property. 5. No Dedication for Public Use. The Easements are created for the purposes set forth in this Agreement. and there shall be no express or implied dedication of the Easements for public purposes. 6. Insurance. Both Grand Island JV and Jammain shall carry (or cause to be carried) an "all risk" policy of property insurance on their respective Property. In addition, both Parties shall carry (or cause to be carried), commercial general liability insurance covering its Property and improvements thereon naming the other Party as additional insured and providing coverage with a combined bodily injury, death and property damage limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall be carried by a reputable insurance company qualified to do business in the State of Nebraska. Upon written request either Party shall provide written evidence of such insurance coverage. The Parties shall indemnify, defend and hold harmless each other from any and 3