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3. The Easement granted herein shall be used only for the purpose of <br />constructing certain improvements pursuant and according to the terns of <br />the Development Agreement. <br />4. The Easement granted herein includes incidental rights of maintenance, <br />repair and replacement. <br />5. The Easement and all interests and rights created hereby are, and shall <br />remain, non - exclusive and subject to use of the Property by Grantor and its <br />successors and assigns in any manner not inconsistent with the rights of <br />Grantee created herein. <br />6. The Easement, rights, and privileges are granted hereunder will terminate <br />on the 7 °i day of August, 2009. However, so long as the construction <br />contemplated by the Commission is not complete, and the Commission is <br />proceeding to complete it, the Commission shall have an option at its <br />discretion to renew and extend the Easement for six (6) consecutive thirty <br />(30) day periods by providing WN1T written notice of the Counnission's <br />intent to renew fifteen (15) days prior to the expiration of the original term, <br />or any subsequent thirty (30) day renewal. In any event, the Easement shall <br />expire one (1) year from the date of the Development Agreement, unless the <br />Parties agree in writing to an extension. <br />7. This instrument, incorporating the Development Agreement, contains the <br />entire agreement between the Parties relating to the rights herein granted <br />and the obligations herein assumed. <br />IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in South <br />Bend, Indiana, on the day and year first above written. <br />Michiana Public Broadcasting Corporation South Bend Redevelopment Commission <br />By: <br />By: Marcia Jones <br />Its: <br />Its: President <br />ATTEST: <br />ATTEST: <br />By: <br />By: <br />Its: <br />Its: <br />THIS INSTRUMENT PREPARED BY: Richard A. Nussbaum, II, Attorney at Law, 5th Floor <br />Plaza Building, 210 S. Michigan St., P.Q. Box 300, South Bend, Indiana 46624. <br />Gibney WNIT casemenIAGR.doc <br />12 12 08 <br />