Temporary Easement - VL Orchid for NIPSCO - Northern IN Public Service Co., LLC

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its use of the Temporary Easement Area, and shall, at its own cost and expense, provide security to protect any personal property owned by Grantee in the Temporary Easement Area. At all times during the performance of the Work, Grantee agrees to conduct the Work in a temporary manner consistent with keeping the Temporary Easement Area in good order and condition and substantially free from debris. During times of construction, maintenance of traffic and any other signage and barriers must be checked regularly to ensure adequate safety zones and public paths are maintained. Except in cases of an emergency, Grantee and its subcontractors must notify Grantor, by and through its Director of Venues, Parks & Arts (or their designee), a minimum of forty-eight (48) hours prior to any scheduled maintenance work. 7. To the extent reasonably possible, Grantee shall use the Temporary Easement Area in a manner permitting Grantor full use of the remaining portions of the Property and for access to the adjoining property. 8. All written notices required or permitted under this License shall be served by (i) certified mail, return receipt requested, to the party to whom the same is directed at that party’s respective address, as set forth below, (ii) overnight delivery by recognized overnight carrier to the party to whom the same is directed at that party’s respective address, as set forth below, or (iii) facsimile transmission to the party to whom the same is directed at that party’s respective facsimile number, as set forth below (provided that the facsimile confirmation sheet showing successful transmission is retained by the sender): If to Grantee: Northern Indiana Public Service Company LLC Attn: Survey and Land 801 East 86th Avenue Merrillville, Indiana 46410 With a copy to: NiSource Corporate Services Company 801 East 86th Avenue Merrillville, Indiana 46410 Attn: Legal Department If to Grantor: City of South Bend, Indiana Department of Venues, Parks & Arts Attn. Executive Director 219 S. St. Louis Blvd. South Bend, IN 46617 With a copy to: City of South Bend, Indiana Department of Law Attn. Corporation Counsel 227 W. Jefferson Blvd., 1200S South Bend, IN 46601 Or at such other address, facsimile number, or email address as either party may from time-to-time designate by giving written notice, as provided herein. The date of service of notice shall be the date on which such notice is received (or, alternatively, if notice is given by certified mail, the date upon which receipt is refused). 9. This Easement contains the entire agreement and understanding of the Parties hereto with respect to the easement grant. No part of this Easement may be amended or modified, except in writing signed by both Grantor and Grantee. Should any provision of this Easement be declared invalid by a legislative, administrative or judicial body of competent jurisdiction, then the other provisions contained herein shall remain in full force and effect and shall be unaffected by such declaration.