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2oiooso39 <br />3. Maintenance. The Easement Area consists of a roadway suitable for <br />vehiculax travel. Grantee shall keep the Easement Area in reasonable repair and <br />maintain it in substantially the same condition as it currently exists. <br />�. No Railcar Interference. Grantee shall not park or permit any railcars <br />or similar equipment to be parked or reznain stationary on the Railroad Spur in any <br />manner that shall block and/or restrict the ability of Grantee, Grantee's invitees, <br />customers, employees, agents or guests to use the Easernent Area as set forth herein. <br />The paxties acknawledge and accept that trains may briefly and temporarily block <br />Grantee's access to the Easeznent Area while the trains crass the Easernent Area <br />traveling on the Railroad Spur. Said brief and temporary blackages of the Easement <br />Area are permissible as long as said trains remain in locomotion amd do not park <br />and/or leave any rail caxs or equipment station.ary on ar in the Easement Area for <br />extended periods of time. <br />5. Consents. Grantor has obtained the necessary consent, easement <br />at�d/or right of way from any company that is in control of ar has any rights to use <br />the Railroad Spur, to ensure that the easement is valid and fully enforceable and <br />Grantee has all the rights established herein for the portion of the Easernent Area that <br />intersects and crosses the Railroad Spur. <br />6. Liability. The sole right granted herein is the right to use the Easement <br />Area for the purposes described herein and each party shall be liable to the other <br />pa� for any damage caused by the use of the Easement Area by it or its employees, <br />invitees, agents, successors or assigns. Grantee further agrees that Grantee shall not <br />cause, perznit, or allow any use af the Easeznent Area that will materially interfere <br />with the use by Grantor, its successors and assigns of the Easement Area. There <br />shall be no liability on Grantor, its successoxs ar�d assigns and persons occupying or <br />lawfully present on the Easement Area for damage, if any, which nnay be caused by <br />normal and reasonable use of the Easement Area by vehicular or pedestrian traffic. <br />7. Amendnc�ent/Termination. This Easennent shall not be released, <br />terminated, revoked, amended, or modi�ed in any manner, without written consent of <br />the owner af the Grantee Property and the awner of the Easement Area. Any <br />purparted release, termination, revocation, amendment, or modification without such <br />written consent shall be null and void and of no force and effect. <br />8. Other Agreements. This Easement shall constitute the entire easernent <br />and agreement between the Grantor and Grantee with respect to th� subject matter <br />hereof and supersedes all prior easements of record, if any, relating to the property <br />referenced herein. <br />9. Further Assurances. Each undersigned party will, whenever it shall be <br />reasonably requested ta da sa by tha other, promptly execute, acknowledge, and <br />deliver, or cause to be executed, acknowledged, or delivered, any and a11 such further <br />conveyances, confirmations, instruments, or further assurances and consents as may <br />be necessary or proper, in order to effectuate the covenants and agreements herein <br />provided. Each of the undersigned parties shall cooperate in good faith with the other <br />and shall do any and all other acts and execute, acknowledge and deliver any and all <br />d�cuments so requested in order to satisfy the conditions set forth h�rein arzd caxry <br />out the intent and purpases af this Easement. <br />t3iaooi�.i} -2- <br />