5A6 Non-Exclusive Utility Easement Agreement (ChoiceLight, Inc., Sample St.) - Fully Executed

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4 9. Covenant Running with the Land. Except as otherwise expressly provided herein, t Grantor and Grantee intend that the rights and obligations set forth herein shall run with the land and create equitable servitudes burdening the Property and benefitting the Property, shall bind every person having any fee, leasehold, or other interest therein, and shall inure to the burden or benefit of the respective Parties and their successors, assigns, heirs, and personal representatives. 10. Term. This Agreement shall continue in effect indefinitely unless terminated by both Parties or their successors or assigns in writing. Provided, however, that Grantor may terminate this Agreement upon thirty (30) days’ written notice if (i) the easement is no longer actively used for its intended purpose for a continuous period of twelve (12) months, (ii) Grantee fails to comply with a material term of this Agreement and does not cure within a reasonable period, or (iii) the Easement Area is required for a public purpose requiring removal of the facilities. 11. Insurance. Grantee shall maintain, at its sole cost and expense, commercially reasonable insurance coverage, including general liability insurance, naming Grantor as an additional insured, in amounts reasonably acceptable to Grantor and shall provide certificates of insurance upon request. 12. Recording. This Agreement shall be duly recorded in the Office of the Recorder of St. Joseph County, Indiana, and all recording fees will be paid by the Grantee. Grantee shall provide Grantor with a recorded copy promptly following recordation. 13. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana without reference to its conflict of laws principles. 14. Cooperation. Each Party shall, at no additional cost to the other Party, cooperate with the other and its authorized representatives with regard to any reasonable requests made subsequent to execution of this Agreement to correct any clerical errors contained in this Agreement and to provide any and all additional documentation deemed necessary to effectuate the transaction contemplated by this Agreement. Each Party further agrees that the term “cooperate,” as used in this Agreement, includes agreeing to execute or re-execute any documents that the Parties reasonably deem necessary or desirable to carry out the intent of this Agreement. All Parties recognize the duty of each Party to act in good faith and with fair dealings when effectuating the intent of this Agreement. 15. No Waiver. No failure or delay on the part of either Party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder.