4920 EVERGREEN WAY BASE FILE 2019-09-09

4 This permit is granted subject to the following terms and conditions which Grantee hereby promises to faithfully and fully observe and perform: 1. Use of Grantor's Right of Way by Grantor: Grantee's rights herein shall at all times be subordinate to such rights of Grantor as are necessary to preserve and maintain the capabilities of the Grantor and the public to use the Right of Way for any use as determined by the Grantor to be in the public's interest, and nothing herein contained shall prevent or preclude the Grantor from undertaking the construction, reconstruction, installation, operation maintenance or repair, and use of any improvements or other utilities within the Right of Way; provided however that, except to the extent otherwise contemplated by this Agreement, the Grantor shall at all times use reasonable care in its activities on the Right of Way not to interfere with, obstruct or endanger the usefulness of Grantee's improvements or use of the Permit Area. 2. Grantee's Use and Activities: Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interference with the use by Grantor of the Right of Way for any other future use as determined by the Grantor, and shall at all times conduct its activities on the Permit Area so as not to interfere with, obstruct or endanger the Grantor's operations,facilities or utilities. Grantee shall install the improvements and conduct any other activity on the Right of Way as may be communicated to Grantee by the Grantor for the purpose of protecting the Grantor's facilities, preventing hazardous conditions and interruptions to the Grantor's facilities, operations and utilities. Grantee shall, at its expense, conform to all applicable laws, regulations, permits or requirements of any governing authority affecting the Right of Way and the Permit Area and the use thereof. Upon request, Grantee shall supply Grantor with copies of permits or orders. 3. Coordination of Activities: Grantee shall give at least 15 days advanced written notice of the proposed dates of its construction, repair and maintenance activities on the Right of Way to Grantor at the address in Section 19 or at such address or office as Grantor may from time to time designate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Grantors if deemed necessary by Grantor to minimize conflicts, insure protection to each parties facilities, prevent hazardous conditions,or minimize interruption of Grantor's operations. Provided, however that in the event of an emergency requiring immediate action by Grantee for the protection of its improvements or other persons or property, Grantee may take such action upon notice to Grantor as is reasonable under the circumstances. Permit Grantee Signature Page 2