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��.�.j`��2i2 esta.blishes a perpetual easement for Grantee, its tenants, employees, invitees, agents, successors or assigns for access to and use of the Parking Lot to park vehicles, including, but not limited to, ingress and egress to the Parking Lot via the existing curb cut near the Southwest corner of Grantor's Property that leads to Apollo Drive, and for the purpose of performing ma.intenance and repair of the Parking Lot pursuant to Paragraph 2 below (the "Parking Easement") . The Parking Easement is subj ect to all existing easements and restrictions of record affecting the Parking Lot. The parties agree and acknowledge that this Parking Easement is non-exclusive and that the Parking Lot may be used by Grantor or its successors or assigns for purposes of ingress and egress and access to the Grantor Property, including any buildings or improvements that Grantor may construct on the Grantor Property, provided that no use of the Parking Lot by either party or their successors and assigns shall unreasonably interfere with the other party's use of the Parking Lot or Grantor's Property, as applicable. 2. Maiatenaace. a. Grantee shall, at its sole expense, maintain, replace and repair the Parking Lot, including snow removal, to the extent necessary to maintain the same in a reasonably clean, safe and orderly condition, and in compliance with all applicable laws, ordinances, and regulations. If the Parking Lot or the Grantor Property shall be disturbed by the exercise of any of the foregoing powers, then the portions damaged shall be repaired by Grantee insofar as is reasonably possible. Provided, however, Grantor acknowledges and agrees that the Parking Lot surface is not required to be maintained as asphalt and Grantee may, at any time and in Grantee's sole discretion, modify and maintain the surface of the Parking Lot with any substance that reasonably supports vehicular use thereupon and allows the Parking Lot to be used as a parking lot, provided such modification or maintenance is in compliance with applicable law. b. Notwithstanding anything to the contrary in paragraph 2.a., above, Grantor shall be required to pay for any repair or maintenance that is reasonably necessary due to the actions upon and/or use of the Parking Lot by Grantor, its tenants, employees, agents, successors or assigns, normal wear and tear excepted. 3. Biadiag Effect. This Agreement and the Parking Easement shall be an appurtenance to the Grantee Parcel, shall burden the Grantor Parcel, and shall run with the land and be an interest in realty, binding upon, inuring to the benefit of, and enforceable by all owners of the Grantor Property and the Grantee Property, and their respective transferees, successors and assigns. 4. Other Agreemeats. This Agreement shall constitute the entire easement and agreement between the owners of the Grantor Property and the Grantee 4415784_6.DOC -2-