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restrictions, covenants, easements, licenses, permits, leases and other
<br /> encumbrances of whatsoever nature whether or not of record, if any,
<br /> relating to the Premises and subject to all with all applicable federal, state
<br /> and local laws, regulations, ordinances, restrictions, covenants and court
<br /> or administrative decisions and orders, including Environmental Laws
<br /> (defined below) and zoning laws (collectively, "Laws"). Grantor may not
<br /> make any alterations or improvements or perform any maintenance or
<br /> repair activities within the Premises except in accordance with the terms
<br /> and conditions of the OVERPASS Agreement.
<br /> 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be
<br /> exercised by Grantor and any other parties who may obtain written
<br /> permission or authority from Grantor:
<br /> (a) to install, construct, maintain, renew, repair, replace, use, operate,
<br /> change, modify and relocate any existing pipe, power,
<br /> communication, cable, or utility lines and appurtenances and other
<br /> facilities or structures of like character (collectively, "Lines") upon,
<br /> over, under or across the Premises;
<br /> (b) to install, construct, maintain, renew, repair, replace, use, operate,
<br /> change, modify and relocate any tracks or additional facilities or
<br /> structures upon, over, under or across the Premises; and
<br /> (c) to use the Premises in any manner as the Grantor in its sole
<br /> discretion deems appropriate, provided Grantor uses all
<br /> commercially reasonable efforts to avoid material interference with
<br /> the use of the Premises by Grantee for the Easement Purpose.
<br /> Section 2 Term of Easement. The term of the Easement, unless sooner terminated
<br /> under provisions of this Easement Agreement, shall be perpetual. [If this is a
<br /> temporary easement replace the preceding sentence with the following: The term
<br /> of this Easement, unless sooner terminated under provisions of this Easement
<br /> Agreement, shall expire on the date that is
<br /> after the Effective Date.]
<br /> Section 3 No Warranty of Any Conditions of the Premises. Grantee
<br /> acknowledges that Grantor has made no representation whatsoever to Grantee
<br /> concerning the state or condition of the Premises, or any personal property located
<br /> thereon, or the nature or extent of Grantor's ownership interest in the Premises.
<br /> Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as
<br /> an inducement to entering into this Easement Agreement, other than as set forth herein.
<br /> GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY,
<br /> WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY
<br /> PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
<br /> MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE
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