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long as the School Parcel is used (or is held for redevelopment and thereafter used) for <br /> educational, religious or charitable purposes in furtherance of the educational, religious <br /> and charitable missions of BBC or ND (the "Intended Use"). In the event the School <br /> Parcel is used for a commercial use outside of the scope of the Intended Use, the Grantor <br /> shall have the right, at its option,to terminate the Parking Easement upon written notice <br /> to Grantee in the event Grantee and Grantor are unable to agree on mutually acceptable <br /> terms for the continued use of the Parking Easement. <br /> (c) Restrictions on Use during Home Notre Dame Football Games. <br /> Notwithstanding the foregoing or anything to the contrary contained herein, Grantee <br /> acknowledges and agrees that Grantor and HCC shall have the exclusive use of the entire <br /> Parking Easement Area for ingress, egress and parking purposes during the Exclusive <br /> Parking Period (as defined below)on weekends during which University of Notre Dame <br /> football games are played at "home" (on the ND campus). For purposes of this section, <br /> the Exclusive Parking Period shall be from 6:00 a.m. on the day of each home Notre <br /> Dame football game to 8:00 a.m, on the following day. Grantor agrees that it shall be <br /> responsible for the collection and disposal of trash and other debris (if any) generated <br /> during the Exclusive Parking Period within the Parking Easement Area. <br /> (d) Maintenance & Repairs. At all times from and after the Effective Date <br /> (unless Grantee's parking rights have terminated or it has otherwise ceased use of and <br /> released its rights to use the Parking Easement Area), the Grantee, at its own expense, <br /> shall be responsible for all Maintenance Obligations (general repair, surface coating, <br /> striping and snow removal)of the Parking Easement Area. <br /> (e) Lighting (Utilities). As part of the Parking Easement, Grantor grants <br /> Grantee the permanent, non-exclusive right and easement to locate(at Grantee's expense) <br /> on, under and across the Access and Parking Easement Areas, electrical utilities and <br /> lighting to serve the Parking Easement Area ("Lights") and the right to lay, install, erect, <br /> service,repair and maintain such Lights and any such electrical utilities. <br /> (f) ADA Accessible. Grantor and Grantee shall have the right to designate <br /> (subject to the prior consent of Grantor, when requested by Grantee, which will not be <br /> unreasonably withheld)a number of"ADA Accessible only"parking spaces to serve their <br /> respective parcels as may be required to comply with applicable zoning ordinances and/or <br /> to provide reasonable parking for handicapped use. <br /> 5. Real Property Taxes. Grantor agrees to use commercially reasonable efforts to <br /> file appropriate applications,and take such other commercially reasonable actions to seek(if the <br /> Access and Parking Easement Areas so qualify) a full exemption of the Access and Parking <br /> Easement Areas from real property taxes. Grantee agrees to cooperate, in good faith,to provide <br /> any information which may be necessary regarding its use of the Access and Parking Easement <br /> Areas which may assist in support of such applications. <br /> 6. Mutual Insurance and Indemnity Obligations. After the Effective Date and for so <br /> long as BHC (as Grantor)owns either the Access Easement Area or Parking Easement Area and <br /> the same are used by the owner of the School Parcel(as Grantee): <br /> GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 5 <br />