|
201102G�0
<br />Subject to the provisions of Section 10 below relating to Grantee's obligation to make certain easements
<br />available to regulated public utilities and public franchise video providers, no provider of Multi-Channel
<br />Video Services other than Grantee may use such common areas and areas within multi-family apartment
<br />structures to install Infrastructure to provide Services. Subject to applicable law, and in recognition of
<br />Grantee's obligations under Section 10 below to make certain easements available to regulated public
<br />utilities and public franchise video providers, during the term of the Agreement Grantor, its successors
<br />and assigns, will not grant any easements across all or a part of the Common Area Easement to any
<br />providers of Multi-Channel Video Services other than Grantee.
<br />6. Easement Under Roads and Public Right of Ways Established within the Property. Grantee
<br />is hereby granted an easement on, over, under and through any road, street or highway within the
<br />Property, to (i) sell, market and provide Services, and (ii) design, construct, install, operate, market,
<br />occupy, maintain, upgrade, repair, replace, access and remove Infrastructure to provide Services. If such
<br />road, street or highway within the Property is subsequently dedicated to any public body or all or any
<br />other portion of the Property subsequently be dedicated as a public right of way, such dedication or
<br />conveyance shall be subject to the private easement established in the preceding sentence, provided
<br />that such private easement retained by Grantee its successors and assigns shall become non-exclusive in
<br />such otherwise public road, street or highway or public right of way. In such case, subject to the
<br />provisions of Section 10 below relating to Grantee's obligation to make certain easements available to
<br />regulated public utilities and public franchise video providers, (i) the non-exclusive easement of Grantee,
<br />its successors, assigns, designees and licensees shall remain a private easement, (ii) the public shall have
<br />no interest in the private easement of Grantee, its successors, assigns, designees and licensees, (iii) neither
<br />the public nor any person or entity granted any rights by any public authority shall have the right to use
<br />any of the facilities of Grantee, its successors, assigns, designees and licensees in such private easement
<br />area. Subject to the provisions of Section 10 below relating to Grantee's obligation to make certain
<br />easements available to regulated public utilities and public franchise video providers, Grantee, with
<br />respect to any road, street or highway within the Property that does not become a public road, street or
<br />highway, or any portion of the Property that does not otherwise become public property, shall at all times
<br />retain an easement (the "Road Easement") to (i) sell, market and provide Services and (ii) design,
<br />construct, install, operate, market, occupy, maintain, upgrade, repair, replace, access and remove
<br />Infrastructure to provide Services. Subject to applicable law, and in recognition of Grantee's obligations
<br />under Section l0 below to make certain easements available to regulated public utilities and public
<br />franchise video providers, during the term of the Agreement Grantor, its successors and assigns, will not
<br />grant any easements across all or a part of the Road Easement to any providers of Multi-Channel Video
<br />Services other than Grantee.
<br />7. Fixtures. Infrastructure shall not be deemed to be affixed to or a fixture of the Property.
<br />8. Development Plan. Grantee, its successors and assigns will work with Grantor to locate
<br />Infrastructure with and in furtherance of the overall development plan for the Property, and to install its
<br />exterior telecommunications cable underground except for switch locations and junction boxes.
<br />9. Other Easements; Term of Easements. Grantor reserves the right to grant other easements on
<br />the Property not in conflict with Grantee's rights set forth herein, but Grantor will not allow such other
<br />easements to cause unreasonable interference with the easement granted to Grantee herein. Neither
<br />Grantor nor any Owner of any portion of the Property (referred to individually herein as an "Owner", and
<br />collectively as the "Owners") shall take any action with respect to the easements granted to Grantee
<br />herein that would interfere or be inconsistent with the use of the easement by Grantee for the purposes
<br />named herein.
<br />Grantee will have and hold the easements on the Property granted herein for the term of the Agreement,
<br />unless sooner terminated upon the sale of the Property or the redevelopment of the Property to a non-
<br />manufactured home use as provided in the Agreement, together with every right and appurtenance
<br />connected to them. For so long as Grantee and Grantor or Grantor's successors and assigns or a
<br />C-3
<br />
|