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<br />1. Grant. Grantor hereby grants and conveys a non-exclusive easement (the "Easement")
<br />on, in, under, above, over, across, and through the Easement Area to Grantee and Grantee's
<br />permitted grantees, licensees, successors, and assigns, for purposes of installing, maintaining,
<br />operating, repairing, replacing, and inspecting storm sewer utility mains, lines, equipment, and
<br />facilities necessary for the storawater drainage (collectively the "Facilities"). The Easement and
<br />rights granted herein shall include the non-exclusive right to: (a) install, maintain, operate, repair,
<br />replace, and inspect the Facilities; (b) enter upon the Easement Area for the purpose of
<br />exercising any of the rights granted herein; and (c) enter upon and across those portions of
<br />Grantor's Property located adjacent to the Easement Area to the extent reasonably necessary to
<br />exercise the rights granted herein (the "Permitted Uses").
<br />2. Nature of Easement Rights. The Easement and rights granted herein, and, together with
<br />the burdens thereof and obligations associated therewith, shall also: (a) run with and burden the
<br />Easement Area; (b) inure to the benefit of Grantee and its permitted grantees, licensees,
<br />successors, and assigns; and (c) bind Grantor (as the owner of the Easement Area) and its
<br />grantees, successors, and assigns. Each instrument that conveys, grants, creates, or assigns any
<br />interest in all or any portion of the Easement Area shall be deemed to impose as a limitation or
<br />restriction upon the entire or such portion of the Easement Area, the burden of the Easement and
<br />rights granted herein and the obligations associated therewith, whether or not the instrument of
<br />conveyance expressly imposes such limitation or restriction. Grantor shall have the right to use
<br />the Easement Area for purposes which are not inconsistent and do not interfere with the rights
<br />granted to Grantee hereunder.
<br />3. Assignment. Grantee may assign its rights under tivs Agreement to an entity controlling,
<br />controlled by, or under common control with Grantee without the prior written consent of
<br />Grantor. Any other assignment or transfer of this Agreement or any rights hereunder by Grantee
<br />shall require the prior written consent of Grantor, which consent may be withheld in Grantor's
<br />sole and absolute discretion.
<br />4. Condition of the Easement Area. Except as expressly set forth in this Agreement, it is
<br />understood and agreed that Grantor is not making and has not at any time made any
<br />representations or warranties of any kind or character, express or implied, with respect to the
<br />Easement Area. Grantor assumes no obligation to make any improvements to, or to provide any
<br />security for, the Easement Area, or to ensure that the Easement Area complies with applicable
<br />zoning ordinances or other laws and regulations. Upon completion of any work by Grantee in or
<br />upon the Easement Area, Grantee shall restore the Easement Area to its prior condition. Grantee
<br />shall maintain the Facilities in good operating condition and repair.
<br />5. Owner. The undersigned persons executing this Agreement on behalf of Grantor
<br />represent and certify that Grantor is the fee simple owner of the Easement Area, that Grantor has
<br />full right and power to convey the Easement described herein, and that they have been duly
<br />authorized by all necessary action of the South Bend Community School Corporation Board of
<br />School Trustees to execute and deliver this Agreement on behalf of Grantor.
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