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<br />200608438
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<br />construction of Grantee's improvements on Tract 2, and all work shall be completed by October 31st of the
<br />then-current year. Grantee covenants and agrees that Tract 1 will not be used as a staging area and will not be
<br />used to store equipment, trucks, dirt, supplies, etc. Grantee further covenants and agrees that no heavy trucks
<br />associated with the construction shall use the entranceways located upon Tract 1 without Wal-Mart's prior
<br />written consent, except for the initial construction of Grantee's improvements on Tract 2.
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<br />(b) Grantee shall, at its sole cost and expense pave any unpaved portion of the curb cut area from
<br />Tract 2 to the Access Area, and if, in the process of paving and developing the Access Area, Grantee encounters
<br />any irrigation equipment previously installed by Wal-Mart in the Access Area, Grantee shall disconnect and
<br />relocate any such equipment at its cost. If Grantee encounters any utility lines under the Access Area, it shall
<br />encase said lines in order to protect it. If it is necessary for Grantee to remove trees or any other type of
<br />landscaping, it shall relocate it adjacent to the Access Area in a location acceptable to Wal-Mart.
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<br />3. Damage to Access Area. or Other Improvements. If, in the process of developing Tract 2,
<br />Grantee damages, breaks, destroys, or in any way impairs the Access Area, or any other improvements of
<br />Wal-Mart, Wal-Mart in its sole discretion, may require Grantee to either: (i) restore at Grantee's sole cost and
<br />expense the Access Area, or Wal-Mart's improvements, to its original quality and condition; or (ii) Wal-Mart
<br />may restore the Access Area, or improvements, and invoice Grantee for Wal-Mart's costs incurred restoring the
<br />damaged Access Area, or improvements; whereupon Grantee agrees to reimburse Wal-Mart within thirty (30)
<br />days of receipt of an invoice for such expenses.
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<br />4. Indemnification. Grantee shall indemnify and hold harmless Wal-Mart from any damages or
<br />liability to persons or property that might arise from the use of the Access Area by Grantee, its customers,
<br />suppliers, employees, and tenants or anyone else using the Access Area for ingress and egress to and from Tract
<br />2. Grantee further agrees that Grantee will at all times during the duration of this easement maintain and pay
<br />for comprehensive general liability insurance affording protection to Wal-Mart and Grantee naming Wal-Mart
<br />as an additional insured on the policy or policies for a combined bodily injury and property damage limit of
<br />liability not less than $2,000,000.00 for each occurrence. Grantee further agrees, upon request to deliver to
<br />Wal-Mart a certificate or certificates from an insurance company or insurance companies satisfactory to
<br />Wal-Mart evidencing the existence of such insurance and naming Wal-Mart as an additional insured.
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<br />5. Curb Cuts. Grantee shall be entitled to install no more than two (2) thirty (30) foot curb cut(s)
<br />as shown on the Grantee's Plan of Development as approved by Wal-Mart.
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<br />6. Relocation. Wal-Mart reserves the right in its sole and absolute discretion to modify or
<br />relocate the Access Area provided such modification or relocation does not materially restrict or prevent ingress
<br />and egress to and from Tract 2.
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<br />7. Compliance. Grantee hereby warrants and represents to Wal-Mart that Grantee in exercising
<br />its rights under this Agreement shall comply fully with any federal, state or local laws, regulations, ordinances,
<br />permits or other authorizations. In addition to the other representations contained herein, Grantee hereby
<br />warrants and represents to Wal-Mart that Grantee shall comply fully with any federal, state or local laws,
<br />regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm
<br />water discharges or the control of erosion or sediment discharges from construction projects, including but not
<br />limited to the Clean Water Act, 33 U.S.C. ~ 1251 et seq., and the Storm Water General Permit for Discharges
<br />Associated with Construction Activities (collectively the "Storm Water Requirements") (including without
<br />limitation preparing a Storm Water Pollution Prevention Plan (if applicable) to avoid negatively impacting any
<br />erosion or sediment controls during earth-disturbing activities, if any) in exercising any rights or privileges
<br />under this Agreement, Grantee recognizing and affirming Wal-Mart would not enter into this Agreement
<br />without this warranty and representation from Grantee. Furthermore, Grantee hereby warrants and represents to
<br />Wal-Mart that Grantee has a policy to (i) comply in all respects with all immigration laws, statutes, rules, codes
<br />and regulations, (ii) properly maintain all records required by the United States Citizenship and Immigration
<br />Services (the "US CIS "), including, without limitation, the completion and maintenance of the Form 1-9 for each
<br />of Grantee's employees, and (iii) respond in a timely fashion to any inspection requests related to such 1-9
<br />Forms. Grantee warrants and represents it has a policy to fully cooperate in all respects with any audit, inquiry,
<br />inspection or investigation that may be conducted by the USCIS of Grantee or any of its employees. Grantee
<br />warrants and represents to Wal-Mart it has a policy to conduct an annual audit of the 1-9 Forms for its
<br />employees and has a policy to promptly correct any defects or deficiencies which are identified as a result of
<br />such audit. Grantee warrants and represents it has a policy to require all subcontractors performing any work
<br />for Grantee to comply with the covenants set forth in this Section. Grantee recognizes and affirms Wal-Mart
<br />would not enter into this Agreement if Grantee did not have such policies.
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<br />8. Public Grant. Nothing contained herein shall be used or construed as a grant of any rights to
<br />any public or governmental authority or agency.
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<br />9. Duration. The agreements contained herein and the rights granted hereby shall run with the
<br />titles to Tract 2 and the Access Area and shall bind and inure to the benefit of the parties hereto and their
<br />respective heirs, successors, and assigns.
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