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4920 EVERGREEN WAY BASE FILE 2019-09-09
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4920 EVERGREEN WAY BASE FILE 2019-09-09
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9/9/2019 12:00:48 PM
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9/9/2019 12:00:47 PM
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Address Document
Street Name
EVERGREEN WAY
Street Number
4920
Tenant Name
BASE FILE
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Said coverage shall be maintained by Grantee or Grantee's contractors during the <br /> period when such activities take place. <br /> 10. Conflict With Future Installations of Grantor: <br /> In the event that it should become necessary for the Grantor to construct or install <br /> additional improvements, or modify existing improvements, or otherwise use the <br /> Right of Way for any purpose, and if, in the reasonable judgment of the Grantor,the <br /> location, existence and use of Grantee's improvements interferes with such <br /> construction, installation or use to the extent that it is impracticable or substantially <br /> more expensive to accomplish such construction, installation or use, or that such <br /> construction, installation or use may pose a hazard because of the location, existence <br /> or use of the Grantee's improvements, Grantee shall have the obligation to either, in <br /> Grantee's sole discretion, (a) protect, modify or relocate Grantee's improvements at <br /> the sole cost and expense of Grantee, so as to remove the interference or hazard to <br /> Grantor's satisfaction, or (b) to reimburse Grantor for its added costs of design, <br /> construction and installation to avoid such interference or hazard. In the event <br /> Grantor intends to undertake any such construction and installation, Grantor shall <br /> give Grantee reasonable advance written notice of such intention together with <br /> preliminary plans and specifications for such work, identifying the potential <br /> interference or hazard and all design information relating thereto. In no event shall <br /> such notice and plans be given less than six months prior to the scheduled <br /> commencement of work. <br /> Within one month after receiving such notice from the Grantor or such other time <br /> frame specified by Grantor's written notice, Grantee shall give written notice to <br /> Grantor by which notice Grantee will elect to (a) protect, modify relocate the <br /> Grantee's improvements, or(b) reimburse Grantor for its added costs. If the Grantee <br /> elects to protect, modify or relocate the Grantee's improvements it shall commence <br /> work promptly and diligently prosecute such work to completion prior to the <br /> scheduled date of commencement of Grantor's construction. If Grantee elects to pay <br /> Grantor's added costs, Grantee shall give Grantor satisfactory assurance of payment <br /> of such costs at the time such notice of election is given. If Grantee does not so elect <br /> one of the above-described options by giving Grantor the required notice, Grantor <br /> shall be entitled to make such an election on behalf of Grantee. Grantee agrees that <br /> this election shall be binding upon Grantee and have the same effect as if made by <br /> Grantee. If Grantor so elects option (a) described herein or if Grantee elects option <br /> (a) and d fails to commence and prosecute its work as contemplated herein, Grantor <br /> may, at its option, undertake such work on behalf of Grantee as Grantor deems <br /> necessary pursuant to option (a) and Grantee shall promptly pay Grantor for all costs <br /> incurred by Grantor in performing such work. <br /> 11. Access: <br /> Permit Grantee Signature Page 5 <br />
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