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<br />this Agreement (the "AutoZone Easement Area "). The AutoZone Easement Area is adjacent to
<br />the Carpenter- Redman Parcel.
<br />(b) Carpenter- Redman hereby grants to and for the use and benefit of
<br />AutoZone and its permittees, successors and assigns, a non- exclusive easement for the
<br />ingress and egress of motor vehicles and pedestrians on and through the AutoZone Parcel,
<br />which easement is more particularly illustrated on Exhibit "l -A", attached hereto and made a
<br />part of this Agreement (the "Carpenter- Redman Easement Area "). The Carpenter- Redman
<br />Easement Area is adjacent to the AutoZone Parcel. The AutoZone Easement Area and the
<br />Carpenter- Redman Easement Area are sometimes collectively referred to herein as the
<br />"Access Easement Area ".
<br />1.03 The parties shall use the Access Easement Area with due regard for the rights of
<br />each other. Each party hereby agrees to keep the Access Easement Area free and clear of
<br />obstacles or obstructions which would prevent or hinder the free passage of vehicular traffic
<br />within or across the Access Easement Area except temporarily, for reasonable times and in a
<br />reasonable manner, for purposes of performing work permitted by this Agreement. No rights
<br />are granted to either party outside of the Access Easement Area, including, but not limited to
<br />the understanding that agents, customers, employees and invitees of Carpenter- Redman shall
<br />not be permitted to have access to other portions of the AutoZone Parcel, nor shall they park
<br />upon the AutoZone Parcel and agents, customers, employees and invitees of AutoZone shall
<br />not be permitted to have access to other portions of the Carpenter- Redman Parcel, nor shall
<br />they park upon the Carpenter- Redman Parcel.
<br />1.04 (a) Each Party shall, at all times, maintain that portion of the Access
<br />Easement Area located on each Party's respective Parcel in good repair, clean and clear of
<br />snow, ice, rubbish, and debris, properly drained, and adequately lighted, at that Party's sole
<br />cost and expense. The Access Easement Area shall include the incidental rights of
<br />maintenance and repair including, but not limited to, repair of pot holes, deterioration or
<br />damages, cleaning and weed control and repaving, if necessary.
<br />(b) In addition to the above and notwithstanding anything contained herein to the contrary,
<br />(i) in the event causes any damage to the AutoZone Easement Area, through the negligent or
<br />intentional acts or omissions of Carpenter- Redman, its agents, customers and employees,
<br />including, without limitation, damage caused by delivery vehicles, such as, by way of illustration
<br />and not limitation, "eighteen wheelers ", of Carpenter- Redman, Carpenter- Redman shall
<br />immediately reimburse AutoZone for such additional damage to the AutoZone Easement Area
<br />upon receipt from AutoZone of a billing with supporting invoices or (ii) in the event AutoZone
<br />causes any damage to the Carpenter- Redman Easement Area, through the negligent or
<br />intentional acts or omissions of AutoZone, its agents, customers and employees, including,
<br />without limitation, damage caused by delivery vehicles, such as, by way of illustration and not
<br />limitation, "eighteen wheelers ", of AutoZone, AutoZone shall immediately reimburse Carpenter -
<br />Redman for such additional damage to the Carpenter- Redman Easement Area upon receipt
<br />from Carpenter- Redman of a billing with supporting invoices.
<br />(c) Each party shall maintain commercial general liability insurance against claims for
<br />personal injury, death and property damage occurring in, on or about the Access Easement
<br />Area with limits in the amount of Two Million Dollars ($2,000,000.00). All of such policies shall
<br />AZ1656 Reciprocal Driveway Easement 04O8.dw
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