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200806504 remove and replace the Retained Processing Assets on or under the Retained Processing Asset Locations; (b) The rights of ingress and egress to and from the Retained Processing Asset Locations over and across the Leasehold Tract; (c) The right to use temporary work space upon portions of the Leasehold Tract immediately adjacent to the Retained Processing Asset Locations; and (d) The right to utilize such other portions of the Leasehold Tract as reasonably necessary for the installation, operation, maintenance, repair and replacement of fixtures, equipment, appurtenances and utilities; all as reasonably required by SemMaterials for the use, operation, maintenance, repair and replacement of the Retained Processing Assets and for the exercise of its rights hereunder. SMEP shall have the right to designate reasonable courses through which SemMaterials must follow across the Leasehold Tract in order to access the Retained Processing Asset Locations and other areas in which SemMaterials is given access rights pursuant to the terms of the Terminal Access and Use Agreement, and to otherwise establish reasonable restrictions upon SemMaterials' use of and access to the Leasehold Tract. SemMaterials' use of the Leasehold Tract and its rights granted by this Agreement are subject to the terms and conditions set forth in this instrument and in the Terminal Access and Use Agreement. SemMaterials' rights to access and use certain equipment and facilities of SMEP associated with the Retained Processing Assets are set forth in the Terminal Access and Use Agreement. Except for the specific rights described in this Agreement or in the Terminal Access and Use Agreement, SemMaterials shall not have the right to utilize portions of the Leasehold Tract other than the Retained Processing Asset Locations for the placement or installation of Retained Processing Assets or otherwise. Subject to the terms and conditions of the Terminal Access and Use Agreement, SMEP shall not unreasonably interfere with or impair or permit others to interfere with or impair, the exercise ofthe rights herein granted to SemMaterials. Subject to the terms and conditions of the Terminal Access and Use Agreement, SMEP reserves the right to the full use and enjoyment of the Leasehold Tract, provided that such use and enjoyment shall not unreasonably hinder, conflict or interfere with the exercise of SemMaterials' rights hereunder. If SMEP should desire to require the relocation of any of the Retained Processing Assets, SMEP shall have the right to change the location of some or all of the Retained Processing Assets. Under such circumstances, SMEP shall provide SemMaterials with at least ninety (90) days advance notice of such relocation, and SMEP and SemMaterials shall negotiate in good faith regarding locations, procedures, terms and responsibilities regarding the relocation or replacement of the affected Retained Processing Assets. SMEP shall, upon the expiration of such ninety (90) day period, have the right to cause SemMaterials to relocate all or any or all of the Retained Processing Assets. In such an event, SMEP shall be responsible for all costs of the relocation of the affected Retained Processing Assets, and for the replacement of any portion thereof which cannot reasonably be relocated. Any relocation by SMEP of the Retained 815975,\ :73\256:0\9\8 2