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A non-exclusive perpetual easement over, across, along, in, upon and under the <br /> Easement Area for the purpose of planning, surveying, engineering, constructing, <br /> reconstructing, operating, maintaining and repairing one or more utility lines and <br /> all appurtenances thereto; together with the right of ingress to and egress from the <br /> Easement Area and across the Property in areas adjacent to the Easement Area for <br /> the purpose of piling dirt and providing trench stabilization during the construction, <br /> reconstruction, operation, maintenance and repair the aforesaid improvement or <br /> facility. <br /> These utility lines and appurtenances thereto are collectively referred to herein as the "Utility <br /> Lines." Pursuant to a Bill of Sale between Grantor and Grantee, Grantor conveyed the Utility <br /> Lines currently installed in the Easement Area to Grantee. <br /> 2. No Interference with the Use of Easement Area. <br /> (a) Grantor and its representatives, employees, agents, contractors, tenants <br /> licensees and/or guests (collectively, the "Grantor Parties") shall not interfere with, obstruct or <br /> endanger the City's use of the Easement Area, or in any way interfere with, obstruct or <br /> endanger the usefulness of any Utility Lines or improvements located thereon. Regardless any <br /> other provision to the contrary in this Agreement, Grantor shall keep the Easement Area free of <br /> all permanent structures of any kind other than pavement and other typical improvements that <br /> would reasonably be located within a roadway and public access area, including, by way of <br /> example, curb, sidewalks, planters, landscaping, and benches. <br /> (b) Grantor shall be solely liable for the costs of any repairs to any of the <br /> Utility Lines or improvements located within the Easement Area to the extent necessitated by <br /> the actions of the Grantor and/or the Grantor Parties. <br /> (c) Prior to any construction, work, or other activity that requires excavation <br /> or that may otherwise affect the Utility Lines (collectively, the "Grantor Work") which Grantor <br /> proposes to undertake within the Easement Area, Grantor shall provide to the City plans and <br /> specifications detailing the Grantor Work. The City shall review such plans and specifications <br /> and provide comments to Grantor with regard to modifications to be made to the Grantor <br /> 128631907.6 0073013-00075 <br />