6A(2) - Laserfiche WebLink

Home Browse Search

The Maintenance Agent shall in its reasonable discretion determine the need for any such repair, replacement and/or maintenance to the Parking Lot. In the event that the Maintenance Agent has not repaired, replaced and/or maintained the Parking Lot as required under this Agreement, the owner of the Grantor Property shall provide a written notice to the Maintenance Agent at the address set forth herein for Grantee describing in detail the necessary repair, replacement or maintenance and the estimated cost of such repair, replacement or maintenance, and giving the Maintenance Agent thirty (30) days within which to commence and diligently pursue completion of the repair, replacement or maintenance. In the event the Maintenance Agent does not commence the requested repair, replacement and/or maintenance within such thirty (30) day period and diligently pursue completion thereof, the owner of the Grantor Property, its successors and/or assigns may complete the requested repair, replacement and/or maintenance and seek reimbursement from the Maintenance Agent, which reimbursement payment must be paid within fifteen (15) days after the receipt of such written request for reimbursement. Section 4. Grantor's Use of Grantor Property. Grantor shall have the right use the Grantor Property for all purposes not inconsistent with the permitted uses thereof by Grantee, its successors and assigns; provided, that, Grantor shall not construct or place or permit to be constructed or placed, any structure or obstruction on the Grantor Property that will unreasonably prevent or interfere with Grantee's use of the Grantor Property for the purposes permitted herein. Section 5. Real Estate Taxes. The Maintenance Agent shall be responsible for the payment of all real property taxes and assessments, of any nature whatsoever (the "Taxes"), which are levied against the Grantor Property; provided that Grantor shall reimburse the Maintenance Agent upon demand for such Taxes on a reasonably equitable basis to the extent the Grantor Property is being used for purposes other than the permitted uses thereof by Grantee. General Provisions Section 6. Nature and Assignment of Easement. The terms "Grantee" and"Grantor" shall refer to the owner of the Grantee Property and the Grantor Property, respectively, from time to time, and their successors and assigns, including any holder of the fee simple estate of the Grantee Property. The obligations and covenants contained herein shall run with the land and shall be binding upon and shall inure to the benefit of the parties hereto and their successors, assigns, invitees, tenants, customers and licensees. When any person or entity who is a Grantor shall sell or assign its entire interest or estate in the Grantor Property, it shall have no further liability for the performance thereafter of the obligations of the Grantor hereunder other than those that accrued while it owned the Grantor Property. When any person or entity who is a Grantee shall sell or assign its entire interest or estate in the Grantee Property, it shall have no further liability for the performance thereafter of the obligations of the Grantee hereunder other than those that accrued while it leased and occupied the Grantee Property. Section 7. Indemnification. Grantee agrees to indemnify, defend, and hold Grantor harmless from and against any and all liability, loss, claims, damages, penalties, fines, costs and expenses, including, without limitation, reasonable attorneys' fees, and for any and all injury to persons or damage to property, that arise from or out of a breach of its covenants and obligations hereunder and/or its negligence or willful acts or omissions, except to the extent caused by the {20142245.DOC} - 2 -