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<br />1. Grant of Utility Easement. The Grantor hereby grants to the Grantee, its successors
<br />and assigns, a non-exclusive easement and right-of-way for underground fiber optic
<br />telecommunications facilities and related appurtenances, being in, on, over, under,
<br />through and across the Easement Area as described in Exhibit B and depicted for
<br />reference in Exhibit C. The easement includes the right, now and in the future, to
<br />construct, reconstruct, operate, maintain, alter, improve, extend, inspect, patrol,
<br />protect, repair, remove, replace, upgrade and relocate within the Easement Area all
<br />necessary and convenient facilities relating to the Grantee’s installed fiber optic
<br />cable, which include, but are not limited to: conductors, conduit, enclosures,
<br />grounding systems, foundations, manholes, riser poles and all other appurtenant
<br />equipment and fixtures, and to lay conductors, wires and cables; together with the
<br />reasonable right to modify said facilities from time to time, provided that no other
<br />utilities or additional facilities may be installed, or any third-party use permitted,
<br />without prior written consent of the Grantor. Notwithstanding the foregoing, Grantor
<br />hereby consents to the installation, ownership, operation, and maintenance within the
<br />Easement Area of the conduit, handholes, and fiber optic facilities owned by Elkhart
<br />County and depicted on plans approved in writing by Grantor. Such consent is
<br />limited solely to Elkhart County and such approved facilities and shall not authorize
<br />any additional third-party use, occupancy, conduit sharing, or installation of
<br />additional facilities without the prior written consent of Grantor. Grantee shall not
<br />assign, sublicense, or otherwise transfer its rights under this easement, in whole or in
<br />part, without the prior written consent of Grantor. Notwithstanding Elkhart County's
<br />use of facilities within the Easement Area, Grantee shall remain solely responsible to
<br />Grantor for compliance with all obligations under this Agreement. Grantee shall at
<br />all times comply with all applicable laws, permits, and City standards in its use and
<br />shall perform all work in a good and workmanlike manner. Grantee shall exercise its
<br />rights under this section subject to coordination with existing utilities and applicable
<br />local approval requirements.
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<br />2. Existing Easements; Non-Interference. This easement is subject to all existing
<br />easements, rights-of-way, and encumbrances of record. Grantee shall not
<br />unreasonably interfere with other easement holders, whether public or private, and
<br />shall reasonably accommodate coexisting utilities within the Easement Area. Upon
<br />request, Grantee shall coordinate with such utility providers to avoid conflicts and
<br />minimize disruption. Nothing herein grants Grantee priority over existing easements
<br />of record or obligates Grantor to resolve conflicts.
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<br />3. Maintenance; Restoration. The Grantor may maintain and repair in good order and
<br />condition the Easement Area, as determined in its sole discretion. The foregoing
<br />shall include, but not be limited to: (a) removal of snow from the Easement Area in
<br />accordance with the Grantor’s schedule therefor and (b) paving, repaving and
<br />resurfacing the drive areas of the Easement Area, as and when needed in the sole
<br />discretion of the Grantor. In the event the Grantee damages any part of the Easement
<br />Area or the public right-of-way along Sample Street, Grantee shall promptly restore
<br />such areas to substantially the same condition that existed immediately prior to such
<br />damage and to City standards. Grantee shall minimize removal of trees to the extent
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