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2oioo�994
<br />roadway areas, and shall also include the driveway area an the
<br />Woitaszewski Praperty praviding access fram Blender Road to the
<br />Woitaszewski Property, and which driveway also provides access ta the
<br />Blender Property. The right of ingress and egress shall be exercised in a
<br />reasonable mariner, and shall not include any areas that contain a building or
<br />other commercial stnxcture. Blender's right to enter the easernent area
<br />includes the right to maintain and repair, at Blender's expense, any roadway or
<br />related irnprovements in the easement area if desired by Blender.
<br />3. Grant of Utility Easement - Woitaszewski to Blender.
<br />Woitaszewski does hereby convey to Blender, its respective successors and
<br />assigns, a nan-exclusive easernent to inspect, maintain, repai.r, replace, remove,
<br />operate, and use gas, telepho:rae, and electrical utility services .to searve the
<br />Blender Property, �long with the right to enter the Woitaszewski far purposes of
<br />inspecting, maintaining, repair�ing, replacing, rexnovi.ng, operating, and using
<br />such gas, telephane, and electrical utility services. Woitaszewski shall have the
<br />ability, at Woitaszewski's cost and expense, to relocate any gas, telephane, or
<br />electrica.l utility services, including relocating such services onto the Blender
<br />Property, provided such relocation provides similar utility service to the Blender
<br />Property and does not diminish the value or use of the Blender Property in any
<br />way.
<br />4. Binding Etfect. This Easement shall be permanent and shall be
<br />appurtenant to and run with the Blender Property and the Woitaszewski
<br />Property. The grant af this Easement shall alsa be binding upon the heirs,
<br />ex�cutors, administrators, successors and assigns of Blender and Woitaszewski
<br />herein.
<br />5. Maintenaace, Blender shall maintain and keep in good repair the
<br />utility sezvices located on the Waitaszewski Paroperty that provide uti.lity service
<br />to the Blender Property. Any rnaintenance, repair, or relocation of utility
<br />services undertaken by either party shall be p�rformed in a workmanlike
<br />manner and shall be solely at the cost and expense of the party undertaking the
<br />same.
<br />5. Additional Irnprovement�. Woitaszewski retains the ability to
<br />make improvements to the Woitaszewski Property, provided such improvements
<br />do not impair or diminish Blender's gas, telephone, and electrical utility
<br />services or Blender's ability to ingress or e�ess the Blender Property or use of
<br />the easernerit area. Blexider retairis the ability to make improvemen�s to the
<br />Blender Property, including within the easement areas, provided such
<br />improvements do not impair ar diminish Woitasze�crski's ability to irigress or
<br />egress the Woitaszewski Property or use of the easement area.
<br />7. Liability. The sole rights granted herein are the rights to use the
<br />easement areas for the purposes described herein, and each party shaJ.l be
<br />liable to the other paxty for an.y damage caused by the use of tihe easement
<br />areas by them or their employees, invitees, agents, successors or assigns,
<br />contrary to the terrns of this Easement.
<br />8. Termination. This Easement shall not be released, terminated,
<br />revoked, amended, or modified i;n any rnanner, without written consent af the
<br />parties. Any purported release, termination, revocation, amendment, or
<br />modification without such written cansent shall be null and void and of no force
<br />and effect.
<br />9. Further A��uranees. Each undersigned party will, whenever it
<br />shall be reasonably requested to do so by the other, pramptly execute,
<br />acknowledge, and deliver, or cause to be executed, acknowledged, or delivered,
<br />any and all such further conv�yances, confir�mations, instruments, or further
<br />assurances and consents as rnay b� necessary or praper, in order to effectuate
<br />the covenants and agreements herein provided. Each of the undersigned
<br />paxties shall cooperate in gaad faith with the other and shall do any and all
<br />other acts and execute, acknowledge and deliver any and all docunzents so
<br />requested in order to satisfy the conditions set forth herein and carry out the
<br />intent and purposes of this Easement.
<br />{1305818.2}-2-
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