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other facilities, now or hereafter maintained in the Easement Area(whether owned by Grantor or <br /> City), or in any way interfere with, obstruct or endanger the use of the Easement by City, its <br /> licensees, agents, or contractors, or the use of the Grantor's Property by Grantor, its tenants, <br /> agents, assigns, employees, grantees, licensee's, lessor's or successors in interest(the"Grantor <br /> Parties"). <br /> 2. Prior to any construction,work, or any other activity within the Easement Area by <br /> the City for which construction plans will be used by the City or its contractor, notification and <br /> the plans for the same shall be submitted in writing by the City to Grantor. No such <br /> construction,work, or activity by either party shall be commenced unless it can be demonstrated <br /> to the reasonable satisfaction of Grantor that such construction,work or activity does not and <br /> will not interfere with the rights of the Grantor Parties. Any construction of new pipelines in the <br /> Easement Area shall be trenchless construction, or a similar construction method designed to <br /> minimize the effects of such construction to the Grantor's use of the Grantor's Property. <br /> Approval of such construction,work or activity shall be given in writing by the Chief of <br /> Engineering and Planning,which approval shall not be unreasonably withheld, delayed, or <br /> conditioned. PROVIDED, HOWEVER, any changes or revisions in the plans shall also be <br /> subject the prior approval of such personnel,which approval shall not be unreasonably withheld, <br /> delayed, or conditioned. Grantor's review of plans under this Agreement shall not be deemed to <br /> impose any duty or obligation on Grantor to determine the adequacy or sufficiency of plans and <br /> designs, or whether such construction,work or activity is in conformance with other applicable <br /> plans, codes and regulations. Further, agreement by Grantor to such construction,work or <br /> activity shall not in any manner be considered as imposing any obligation, duty or liability upon <br /> Grantor as to the safety or propriety of such construction,work or activity. <br /> -3 - <br /> 112280032.4 0073013-00041 <br />