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Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate this <br /> Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect <br /> Grantor's ability to enforce any section of this Easement Agreement. <br /> 11.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from <br /> any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, <br /> omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises <br /> are restored as required by Section 12. <br /> 11.4 Non-exclusive Remedies. The remedies set forth in this Section 11 shall be in addition to, and <br /> not in limitation of, any other remedies that Grantor may have at law or in equity. <br /> Section 12 Surrender of Premises. <br /> 12.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, <br /> whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee <br /> shall, at its sole cost and expense, immediately perform the following: <br /> (a) remove all or such portion of Grantee's Improvements and all appurtenances <br /> thereto from the Premises, as Grantor directs at Grantor's sole discretion; <br /> (b) repair and restore any damage to the Premises arising from, growing out of, or <br /> connected with Grantee's use of the Premises; <br /> (c) remedy any unsafe conditions on the Premises created or aggravated by <br /> Grantee; and <br /> (d) leave the Premises in the condition which existed as of the Effective Date. <br /> 12.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee to <br /> undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have a <br /> limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. <br /> The terms of this limited license include all of Grantee's obligations under this Easement Agreement. <br /> Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of <br /> indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, <br /> or, if later, the date when Grantee's Improvements are removed and the Premises are restored to the condition <br /> that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination <br /> of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises <br /> are surrendered. <br /> Section 13 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any <br /> construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or <br /> attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized <br /> to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by <br /> Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure <br /> of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 13 or <br /> any other section of this Easement Agreement. <br /> Section 14 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement <br /> Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an <br /> exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with <br /> a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of <br /> such notice. <br /> Form 701;Rev. 02/12/10 <br /> 11 <br />