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The Grantor and Grantee understand and hereby agree that all terms and conditions <br />contained herein shall be effective and binding upon the parties, and their respective successors <br />and assigns. Grantor and Grantee further agree that: <br />The temporary easement rights granted herein shall be exclusive as to all except Grantor and any <br />previously granted rights of record. Grantee may make use of the Temporary Easement Area (as <br />depicted on the attached Exhibit A) during the term of the Temporary Easement for use for the <br />workspace necessary for the construction of the nearby electric facilities and for the storage of <br />materials, equipment and vehicles to be used by Grantee and its contractors and subcontractors <br />for construction related activities. <br />Grantee's rights include the right to temporarily disturb the surface of the Easement Area. <br />This Temporary Easement will automatically terminate the earlier of midnight on March 31, <br />2021 or upon completion of the construction of Grantee's neighboring electrical facilities and <br />Grantee's restoration of the Temporary Easement Area to the condition that existed prior to <br />commencement of construction and inspection and approval by Grantor. Such extinguishment <br />shall be evidenced by the filing of a Release of Temporary Easement by the Grantee, at <br />Grantee's sole expense, promptly upon termination of the easement rights granted herein. <br />Grantor represents, to the best of its knowledge that the Temporary Easement Area is not legally or <br />contractually restricted as to its use or subject to any special environmental protections that would <br />affect the use or enjoyment of the Temporary Easement Area by Grantee pursuant to this <br />Temporary Easement. <br />The rights granted in this Temporary Easement may be assigned in whole or in part by Grantee, <br />upon the prior written approval of Grantor. <br />This instrument contains the complete agreement, expressed or implied between the parties <br />herein, supersedes any prior verbal or written understandings or agreements, and shall inure to <br />the benefit of and be binding on their respective successors, assigns, heirs, executors, <br />administrators, lessees, tenants, and licensees. <br />IN WITNESS WHEREOF, said Grantor have hereunto set their hand(s) and seal(s) as of the <br />last date set forth below. <br />GRANTOR <br />Civil City of South Bend <br />Board of Public Works <br />2 <br />