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fixtures, and facilities located within and through those portions of the Project that are defined or
<br />specified for common benefit of the Owners in this Declaration;
<br />Agreement
<br />NOW, THEREFORE, Declarant, in consideration of the premises, to facilitate the
<br />development of the Project as a certified technology park, and, upon the covenants, conditions, terms,
<br />and provisions set forth in this Declaration: (a) declares, creates, makes, and reserves in this Declaration
<br />certain easements and covenants that shall bind, and shall inure to the benefit of, the Parties in Interest;
<br />and (b) reserves certain rights in this Declaration (including, without limitation, the right subsequently to
<br />limit such easements and /or modify such covenants), which easements, covenants, and reserved rights
<br />are as follows:
<br />ARTICLE I
<br />Easements
<br />Section 1. Access Easements. Declarant hereby declares, creates, makes, and reserves
<br />the following access easements (the "Access Easements "): (a) temporary construction easements in
<br />favor of Declarant, for the purpose of constructing and installing the Common Access Ways and /or the
<br />Traffic Control System (as such terms are hereafter defined), (b) perpetual and nonexclusive mutual
<br />easements appurtenant to the Parcels for the benefit of the Parcels, Declarant, the Owners and all
<br />other Parties in Interest; and (c) easements in gross in favor of Declarant; each of which easements
<br />shall be in, on, under, over, above, across, and through the entirety of the Real Estate. The Access
<br />Easements and all rights in and to the Access Easements are declared, created, made, and reserved for
<br />the purposes of: (i) providing access, ingress, and egress by vehicular and pedestrian traffic to (and
<br />from) the Real Estate and each Improved Parcel from (and to) roadways and public streets (the
<br />"Common Access Ways "), which Common Access Ways shall be constructed within the Access
<br />Easements; (ii) providing a system for directing and controlling the flow, progress, and pattern of the
<br />vehicular and pedestrian traffic over and across the Common Access Ways (the "Traffic Control
<br />System "); and (iii) further developing the Project and the Adjacent Real Estate. The Traffic Control
<br />System shall include all equipment, fixtures, and facilities used in connection with directing and
<br />controlling the flow, progress, and pattern of the vehicular and pedestrian traffic, such as street lights,
<br />stop signs, and traffic direction and information signs. All of the Access Easements shall be subject to
<br />subsequent limitation as provided in Sections 7 and 8 of this Article I, and to the covenants in Article II,
<br />Sections 1 through 3, regarding construction, and use and contributions for certain expenses (the
<br />"Owner Covenants ").
<br />Section 2. Utility and Irrigation Easements. Declarant hereby declares, creates, makes
<br />and reserves the following utility and irrigation easements (the "Utility and Irrigation Easements "): (a)
<br />temporary construction easements in favor of Declarant for the purpose of constructing and installing
<br />the Utility Systems and /or the Irrigation System (as such terms are hereafter defined); (b) perpetual
<br />and nonexclusive mutual easements appurtenant to the Parcels for the benefit of the Parcels, Declarant,
<br />the Owners and all other Parties in Interest; and (c) easements in gross in favor of Declarant; each of
<br />which easements shall be in, on, under, over, above, across, and through the entirety of the Real Estate.
<br />The Utility and Irrigation Easements, and all rights in and to the Utility and Irrigation Easements, are
<br />declared, created, made, and reserved for the purposes of: (i) providing systems for general water
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