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1 (d) The terms"include", "including"and"such as"shall each be construed as if followed by the phrase"without being limited to". 2.2 Recitals. The Recitals set forth above are a part of this Agreement for all purposes. SECTION 3. GRANT OF EASEMENT. 3.1 Giant of Easement. Company shall grant to the Commission a temporary non- 1 exclusive easement on, in, over and across the Company Property to permit the Commission to fulfill its obligations under this Agreement, including, but not limited to the construction, equipping and delivery of the Local Public Improvements (the "Easement") in such form as mutually agreed to between the Parties. The Easement shall (a) run with and burden the Company Property; (b) inure to the benefit of the Commission and its contractors acting on behalf of the Commission in connection with the construction, equipping and completion of the Local Public Improvements; (c) bind the Company (as owner of the Company Property) and its grantees, successors and assigns; and (d) terminate upon completion of the Local Public 9 Improvements. SECTION 4. COMPANY'S OBLIGATIONS. 4.1 Generally. The Parties acknowledge and agree that the Commission's agreements g to perform and abide by the covenants and obligations set forth in this Agreement are material consideration of Company's commitment to perform and abide by the covenants and obligations 1 of Company contained in this Agreement. 4.2 The Project. (a) Company shall complete the improvements to the Company Property set i forth on Exhibit B attached to this Agreement and made a part hereof which Iimprovement shall comply with all zoning and land use laws and ordinances. (b) Company shall construct or cause to be constructed each portion of the improvements being funded by the Private Investment by the date or dates set forth on Exhibit B corresponding to such portion of the improvements. A I4.3 Private Investment. Company agrees to a Private Investment Commitment for the Project of Ninety Thousand and 00/100 Dollars ($90,000.00) and other valuable consideration, as more particularly described in Exhibit B which amount Company shall use commercially reasonable efforts to invest in the development and construction of the Project, whether through equity, debt, and/or third-party investment. 4.4 Cooperation. Company and Commission each agree to endorse and support the j other party's efforts to expedite the Project through the required planning, design, permitting, 1 waiver, and related regulatory processes. 1 1 s i j 1 A I