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and expense, shall locate, configure, construct and maintain the Improvements: (i) in a good and workmanlike
<br /> manner and in strict accordance with the Plans and Specifications approved by Grantor pursuant to the
<br /> provisions of Section 5 above, (ii) in conformance with applicable building uses and all applicable engineering,
<br /> safety and other Laws, (iii) in accordance with the highest accepted industry standards of care, skill and
<br /> diligence, and (iv) in such a manner as shall not adversely affect the structural integrity or maintenance of the
<br /> Premises, any structures on or near the Premises, or any lateral support of structures adjacent to or in the
<br /> proximity of the Premises. The construction of the Improvements within the Premises shall be completed by
<br /> Grantee and Grantee's Contractors within one (1) year after the Effective Date or as otherwise agreed in writing
<br /> by Grantor and Grantee. Grantee shall provide as built drawings of all Improvements to Grantor promptly upon
<br /> completion of construction and shall use its best efforts to cause such as built drawings to be electronically
<br /> accessible to Grantor.
<br /> 6.2 Maintenance of Improvements. Grantee shall at all times during the term of this Easement
<br /> Agreement, at Grantee's sole cost and expense, keep and maintain the Improvements located upon the
<br /> Premises in a structurally safe and sound condition, in good repair and in compliance with the Plans and
<br /> Specifications and this Easement Agreement. Grantee shall also promptly repair any damage to the Premises
<br /> or the Improvements caused, either in whole or in part, by Grantee Parties (as hereinafter defined). Grantee
<br /> shall not cause or permit another person to cause any damage to the Premises or the Improvements, and
<br /> Grantee shall be responsible for any such damage which may occur as a result of any Grantee Party's action or
<br /> inaction. Grantee shall not permit the existence of any nuisance or the accumulation of junk, debris or other
<br /> unsightly materials on the Premises and shall keep the Premises in a clean and safe condition. Grantee shall,
<br /> at its sole cost and expense, remove ice and snow from the Premises. Grantee shall keep the Premises free
<br /> and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense
<br /> all weeds and vegetation on the Premises, said work of cutting and removal to be done at such times and with
<br /> such frequency as to comply with local Laws and regulations and abate any and all hazard of fire. Grantor shall
<br /> have no obligation whatsoever, monetary or non-monetary, to maintain the Improvements in the Premises.
<br /> 6.3 No Interference. During the construction of, and any subsequent maintenance performed on,
<br /> operation of, or removal of, all or any portion of the Improvements, Grantee, at Grantee's sole cost, shall
<br /> perform all activities and work on or near Grantor's rail corridor or property and/or the Premises in such a
<br /> manner as to preclude injury to persons or damage to the property of Grantor, or any party on or with property
<br /> on Grantor's rail corridor orro ert , and shall ensure that there is no interference with the railroad operations or
<br /> P P Y P
<br /> other activities of Grantor, or anyone present on Grantor's rail corridor or property with the authority or
<br /> permission of Grantor. Grantee shall not disturb any improvements of Grantor or Grantor's existing lessees,
<br /> licensees, license beneficiaries or lien holders, if any, or interfere with the use of such improvements. Grantor
<br /> may direct one of its field engineers to observe or inspect the construction, maintenance, operation or removal
<br /> of the Improvements, or any portion thereof, at any time to ensure such safety and noninterference, and to
<br /> ensure that the Improvements comply with the Plans and Specifications. If any Grantee Party is ordered at any
<br /> time to leave the Premises or to halt any activity on the Premises, then the party conducting that activity
<br /> immediately shall cease such activity and leave the Premises, if the order was issued by Grantor's personnel to
<br /> promote safety, such noninterference with other activities or property, or because the Improvements were not in
<br /> compliance with this Easement Agreement. Notwithstanding the foregoing right of Grantor, Grantor has no duty
<br /> or obligation to observe or inspect, or to halt work on, the Premises, it being solely Grantee's responsibility to
<br /> ensure that the Improvements are constructed, maintained, operated and removed in strict accordance with all
<br /> Laws, safety measures, such noninterference and the Plans and Specifications and in compliance with all terms
<br /> hereof. Neither the exercise nor the failure by Grantor to exercise any right set forth in this Section 6.3 shall
<br /> alter the liability allocation set forth in this Easement Agreement.
<br /> 6.4 No Alterations. Except as may be shown in the Plans and Specifications approved by Grantor
<br /> for the Easement, Grantee may not make any alterations to the Premises, or permanently affix anything to the
<br /> Premises, without Grantor's prior written consent. If Grantee desires to change either the location of any of the
<br /> Improvements or any other aspect of the Plans and Specifications of any of the Improvements, Grantee shall
<br /> submit such change and modified Plans and Specifications to Grantor in writing for its approval in the same
<br /> manner as provided for in Section 5. Grantee shall have no right to commence any such change until after
<br /> Grantee has received Grantor's approval of such change in writing.
<br /> Form 701;Rev.02/12/10
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