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200406864 but not limited to, utility boxes, electrical, gas, water, sewer, telecommunications or cable utility lines, together with the right of ingress and egress upon the Trust Easement Area to install, operate and maintain the same. Poland and any public utility service provider shall have the right to tap into any utilities installed in the Trust Easement Area, provided that: (i) such activity shall not interfere with or adversely affect any utilities installed by Trust or its successor and assigns; (ii) Poland or such public utility service provider shall do so at its sole cost and expense and repair any damage and clean any mess occasioned thereby, and (iii) Poland or such public utility service provider shall also pay for or reimburse Trust or its successor and assigns for any additional costs arising from such activity. 6. Each of the parties shall keep and maintain that portion of the Access Road, which is located within the portion of the Easement Area that it owns, in good condition and repair, including, without limitation, (a) clearing of ice and snow, (b) keeping the Access Road free of refuse, garbage, holes and breaks in the pavement, and (c) keeping the pavement surface of the Access Road smooth and evenly covered with the type of surfacing material initially used or a substitute material that is equal in quality, use and durability. In the event either party fails to comply with its maintenance obligations as set forth herein, which failure continues for more than thirty (30) days after the date of written notice to the breaching party of such breach, the non - breaching party shall be entitled to (x) enter the Easement Area, which is located on the property of the breaching party for the purpose of the performance of such maintenance activities as are necessary to restore the Access Road to good condition and repair, (y) expend such funds as are reasonably necessary to provide the necessary maintenance, and (z) submit an immediate invoice to the breaching party for the reasonably expended funds, which shall be due and payable within (10) days of the date of notice of the invoiced bill. Any invoiced amount which is not paid in a timely manner shall accrue interest at the rate of twelve percent (12 %) per annum, retroactive to the date of invoice. Nothing contained herein shall require either party to provide maintenance services to that portion of the Access Road, which is located on property owned by the other party. Notwithstanding anything herein to the contrary, Poland shall have no maintenance obligations pursuant to this Section 6 until such time as the Poland Property has been zoned for a use other than transitional agricultural use. 7. The easements and other rights granted herein are not exclusive, and each of the parties hereby reserves unto itself and to the other present and future owners of the Properties the right to utilize the portion of the Easement Area it owns for such purposes as do not unreasonably endanger or interfere with the easements and other rights granted herein. Each of the parties shall have the right to grant such other easements, rights or privileges to such persons and /or entities and for such purposes as each party in its sole discretion may elect, so long as such purposes do not unreasonably endanger or interfere with the easements and other rights granted herein. 8. The easements and rights granted under the terms of this Agreement shall be appurtenant to and run with the Properties, including future subdivisions and /or reconfiguration of the Properties, and shall be binding on all entities having or acquiring any right, title, or interest in the Properties and shall inure to the benefit of each owner, tenant, subtenant, employee, or invitee thereof. 01-499230.4 3 I