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as to remove the interference or hazard to Grantor's satisfaction, or (b) to reimburse <br /> Grantor for its added costs of design, construction and installation to avoid such <br /> interference or hazard. In the event Grantor intends to undertake any such construction <br /> and installation, Grantor shall give Grantee reasonable advance written notice of such <br /> intention together with preliminary plans and specifications for such work, identifying <br /> the potential interference or hazard and all design information relating thereto. In no <br /> event shall 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 frame <br /> specified by Grantor's written notice, Grantee shall give written notice to Grantor by <br /> which notice Grantee will elect to (a) protect, modify relocate the Grantee's <br /> improvements, or (b) reimburse Grantor for its said added costs. If the Grantee elects <br /> to protect, modify or relocate the Grantee's improvements it shall commence work <br /> promptly and diligently prosecute such work to completion prior to the scheduled date <br /> of commencement of Grantor's construction. If Grantee elects to pay Grantor's added <br /> costs,Grantee shall give Grantor satisfactory assurance of payment of such costs at the <br /> time such notice of election is given. If Grantee does not so elect one of the above- <br /> described options by giving Grantor the required notice, Grantor shall be entitled such <br /> an election on behalf of Grantee. Grantee agrees that this election shall be binding upon <br /> Grantee and have the same effect as if made by Grantee. If Grantor so elects option (a) <br /> described herein or if Grantee elects option(a)and fails to commence and prosecute its <br /> work as contemplated herein,Grantor may,at its option,undertake such work on behalf <br /> of Grantee as Grantor deems necessary pursuant to option (a) and Grantee shall <br /> promptly pay Grantor for all costs incurred by Grantor in performing such work. <br /> 11. Access: <br /> As partial consideration for the rights herein granted to Grantee, Grantor shall have full <br /> access and use over and across any of Grantee's roadways and/or driveway <br /> improvements constructed as a part of Grantee's use of the Property. The design, <br /> construction and maintenance of which shall permit the use of and continuous access <br /> to the Property in all directions by the Grantor. Grantee shall be solely responsible for <br /> all costs of construction and maintenance of such roadways and/or driveways as well <br /> as any other improvements made to the Property by Grantee as a result of Grantee's <br /> use of the Property. <br /> 12. 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 <br /> Grantor giving Grantee written notice thereof, or within such other period of time as <br /> may be reasonable in the circumstances, the Grantor may terminate Grantee's rights <br /> under this agreement in addition to and not in limitation of any other remedy of the <br /> Grantor at law or in equity, and the failure of the Grantor to exercise such right at any <br /> time shall not waive the Grantor's right to terminate for any future breach or default. <br /> 5 <br />