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202305365
<br />Therefore, in consideration of the premises and other valuable consideration, the receipt
<br />and sufficiency of which are acknowledged, Grantor and Grantee agree as follows:
<br />1. Grant of Easement. Grantor grants to Grantee, for the benefit of the Grantee Tract,
<br />a nonexclusive easement (the "Easement") over and across the strip of land situated on the Grantor
<br />Tract described in Exhibit A attached hereto and incorporated herein by this reference (the
<br />"Easement Area"). The Easement will be used solely for the purposes of providing vehicular and
<br />pedestrian access to and from the Grantee Tract. The Easement may be used for such ingress and
<br />egress purposes only by Grantee and the tenants, invitees, agents, and employees of Grantee and
<br />such successors (collectively, the "Users"), such use to be in common with use of the Easement
<br />Area by the owner of the Grantor Tract (the "Owner") and its tenants, invitees, agents, employees,
<br />successors, and assigns. Only passenger vehicles, light trucks, trailers, and pedestrian traffic
<br />associated with the Grantee Tract may use the Easement Area, but nothing herein shall be
<br />construed to limit or restrict ingress or egress associated with the Grantor Tract or any part thereof
<br />No above -ground structures, barriers, fences, buildings, or other improvements of any kind will be
<br />installed in the Easement Area other than roadway surfaces and improvements. Grantor reserves
<br />the right to install, maintain, repair, and replace utilities, cables, landscaping, signage, concrete
<br />and asphalt surfaces, and other improvements in the Easement Area from time to time, together
<br />with the right to grant to third parties any of such reserved rights, as long as such use does not
<br />unreasonably interfere with Grantee's permitted uses of the Easement. No Users of the Easement
<br />will park any vehicles in the Easement Area.
<br />2. Nature of Easement. The Easement granted herein will be appurtenant to, and for
<br />the benefit of, the Grantee Tract. Any conveyance of fee title or assignment of the Grantee Tract
<br />will include a conveyance of the Easement, regardless of whether the Easement is specifically
<br />identified in the instrument of conveyance.
<br />3. Maintenance. Except as set forth in Section 5 below, the Owner will, at its sole
<br />cost and expense, maintain, repair and replace the roadway located within the Easement Area. In
<br />the event Owner fails to reasonably maintain or repair the Easement Area, Grantee may do so with
<br />Grantor having the duty to reimburse Grantee for the cost, provided Grantee uses like or similar
<br />quality and type of materials originally installed on the Easement Area, and further provided
<br />Grantee does not change the grade or elevation of the Easement Area without the permission of
<br />Owner. Any repair or maintenance performed within the Easement Area must be preceded by a
<br />thirty (30) day written notice to Owner.
<br />4. No Dedication. Nothing contained herein will be deemed to be a gift or dedication
<br />of any portion of the Easement Area to the general public, for the general public, or for any public
<br />use or purpose whatsoever.
<br />5. Indemnity. Grantee shall indemnify and hold harmless Owner, and all of its
<br />affiliates and subsidiaries, and all officers, directors, shareholders, employees and agents thereof
<br />(collectively the "Owner Entities"), from any damages or liability (excluding any damage or
<br />liability which is reasonably expected to occur as a result of the lawful operation of traffic upon
<br />the roadway located within the Easement Area, which said damage is commonly known as
<br />"ordinary wear and tear") to persons or property that might arise from the use of the Easement
<br />Area by Grantee, Grantee's customers, suppliers, employees, and tenants, or anyone else using the
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