Laserfiche WebLink
interference or hazard and all design information relating thereto. In no event shall such <br /> notice and plans be given less than twelve months prior to the scheduled commencement of <br /> work. <br /> Within one month after receiving such notice from the Grantor or such other time frame <br /> specified by Grantor's written notice, Grantee shall give written notice to Grantor by which <br /> notice Grantee will elect to (a) protect, modify relocate the Network Facilities, or (b) <br /> reimburse Grantor for its said added costs. If the Grantee elects to protect, modify or <br /> relocate the Network Facilities it shall commence work promptly and diligently prosecute <br /> such work to completion prior to the scheduled date of commencement of Grantor's <br /> construction. If Grantee elects to pay Grantor's added costs, Grantee shall give Grantor <br /> satisfactory assurance of payment of such costs at the time such notice of election is given. <br /> If Grantee does not so elect one of the above-described options by giving Grantor the <br /> required notice, Grantor shall be entitled such an election on behalf of Grantee. Grantee <br /> agrees that this election shall be binding upon Grantee and have the same effect as if made <br /> by Grantee. If Grantor so elects option (a) described herein or if Grantee elects option (a) <br /> and fails to commence and prosecute its work as contemplated herein, Grantor may, at its <br /> option, undertake such work on behalf of Grantee as Grantor deems necessary pursuant to <br /> option (a) and Grantee shall promptly pay Grantor for all costs incurred by Grantor in <br /> performing such work. <br /> 11. Access: <br /> Grantee shall design, construct, maintain and use its Network Facilities in such fashion as to <br /> permit reasonable and continuous access along Grantor's property in all directions, and in <br /> such fashion as to accommodate and support vehicular travel over and across the Network <br /> Facilities, including travel by cranes and trucks with heavy loads. Grantee shall at all times <br /> keep Grantor's property free and clear of all obstructions and equipment. If requested by <br /> the Grantor, the Grantee shall make provisions for continued access by Grantor along <br /> Grantor's property during construction of the Network Facilities. <br /> 12. Inspectors: <br /> Grantee shall not perform any work on Grantor's property unless it has given notice to <br /> Grantor as may be reasonable in the circumstances so as to allow for the presence of an <br /> inspector or inspectors representing the Grantor. Grantee and Grantee's contractors shall <br /> promptly and fully comply with all orders and directions of Grantor's inspectors, including <br /> without limitation, cessation of work and Grantee's construction contracts shall so provide. <br /> Grantee shall promptly pay Grantor's charge for such inspectors. <br /> 13. Termination for Breach: <br /> In the event Grantee breaches or fails to perform or observe any of the terms and <br /> conditions herein, and fails to cure such breach or default within sixty (60) days of Grantor <br /> giving Grantee written notice thereof, or within such other period of time as may be <br /> reasonable in the circumstances, the Grantor may terminate Grantee's rights under this <br /> Agreement in addition to and not in limitation of any other remedy of the Grantor at law or <br /> in equity,and the failure of the Grantor to exercise such right at any time shall not waive the <br /> Grantors right to terminate for any future breach or default. <br /> Easement at Kasch Park Road Page-5 <br />