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� 99 �109395
<br /> however, that employees of businesses located upon the Properties shall
<br /> only be allowed to park upon the Property where their employer is located.
<br /> This easement shall remain in effect so long as the Properties are used for
<br /> commercial purposes and are operated in such a manner that the operation
<br /> is conducted as though the respective Properties are components of an
<br /> integrated shopping center.
<br /> c. Perpetual nonexclusive easements as may be necessary to install, maintain,
<br /> repair, reconstruct or replace underground utilities serving any portion of
<br /> the Properties over and across any such portion of the Properties as is not
<br /> within the building areas on such Properties; provided, that such
<br /> easements shall (i) be only for the most direct route or smallest space
<br /> reasonably feasible and in conformity with applicable codes and
<br /> regulations, and (ii) be limited to areas or routes so as not to interfere with
<br /> the operation of permitted activities in the areas in or adjacent to such
<br /> easement, and (iii) permit reasonable maintenance, repair, reconstruction
<br /> and replacement in such a manner as to not interefere with the use of areas
<br /> adjacent to such easement, and (iv) shall be subject to the Owner of the
<br /> benefited property being responsible for payment of any construction,
<br /> maintenance, repair, reconstruction or replacement costs related to same,
<br /> and (v) shall be to the extent and duration necessary to assure the benefited
<br /> property to be in compliance with applicable codes and laws, and to
<br /> provide a reasonable and beneficial use to the benefited property for the
<br /> required purposes.
<br /> Any Owner who suffers damage due to the negligent use of one of the above easements by
<br /> another Owner, or their employees, invitees, agents, successors or assigns, shall be reimbursed
<br /> any and all expenses for such damage by such negligent party.
<br /> 2. Parking. The Owners agree that parking on each Lot shall be maintained in
<br /> conformance with the parking requirements imposed by the City of Grand Island.
<br /> 3. Construction of Barriers. No party hereto shall, at any time prior to the
<br /> termination of the easements herein granted, erect or construct, or cause to be erected or
<br /> constructed, any fence, wall, curb, or other barrier on the Properties that would in any manner
<br /> interfere with or restrict the full and complete use and enjoyment by any party of the easements
<br /> herein granted.
<br /> 4. Maintenance of Easement Premises. The Owner of each Property shall be
<br /> responsible for maintaining, repairing, reconstructing and replacing the sidewalks, entrances,
<br /> drives, lanes and parking areas now or hereafter constructed upon the Owner's Property in a
<br /> commercially reasonable manner. The Owner of the Property benefiting from a utility easement
<br /> granted under paragraph l.b. herein, shall be responsible for the construction, maintenance,
<br /> repair, reconstruction and replacement costs related to the same.
<br /> 5. Further Assurances. Each party claiming an interest in the Properties will,
<br /> whenever it shall be reasonably required to do so by the others, promptly execute, acknowledge
<br /> and deliver, or cause to be executed, acknowledged or delivered, any and all such further
<br /> conveyances, confirmations, instruments or further assurances and consents as may be necessary
<br /> or proper, in order to effectuate the covenants and agreements herein provided. Each of the
<br /> parties hereto shall cooperate in good faith with the other and shall do any and all other acts and
<br /> execute, acknowledge and deliver any and all documents so requested in order to satisfy the
<br /> conditions set forth herein and carry out the intent and purposes of this Agreement.
<br /> 6. Insurance. The Owners of each Property shall obtain and keep in full force and
<br /> effect, at their sole cost and expense, comprehensive general public liability insurance with a
<br /> responsible insurance company or companies admitted to do business in the State of Nebraska
<br /> covering the sidewalks, entrances, drives, lanes and parking areas located upon their respective
<br /> Property in which the limits of liability for primary coverage shall not be less than One Million
<br /> Dollars ($1,000,000.00)per occurrence.
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