Common use of Customer shall grant to Company Clause in Contracts

Customer shall grant to Company. certain perpetual easements and rights for the construction, installation, testing, ownership, use, operation, and maintenance of the portions of the New Facilities to be located on, over, across, through Customer’s property, which grants of easement shall be in substantially the same form attached hereto as Exhibit C-1 (the “Customer Grants of Easement”). Customer shall further use reasonable efforts to acquire all other easements, access rights, rights-of-way, fee interests, and other rights in property necessary to accommodate Company’s construction, installation, testing, ownership, use, operation, and maintenance of the New Facilities, as determined to Company’s satisfaction in its sole discretion (together with the Customer Grants of Easement, collectively the “New Facilities Property Rights”). Customer shall convey, or arrange to have conveyed, to the Company all New Facilities Property Rights, each such conveyance to be in form and substance satisfactory to Company in its sole discretion and without charge or cost to Company. Customer acknowledges and agrees that the Company is required to abide by all Applicable Requirements, including, without limitation, any and all land use, zoning, planning and other such Requirements. To the extent necessary, Customer shall prepare, file for, and use reasonable efforts to obtain, on the Company’s behalf, all required subdivision, zoning and other special, conditional use or other such land use permits or other discretionary permits, Effective Date: 2/21/2020 - Docket #: ER20-1352-000 - Page 65 approvals, licenses, consents, permissions, certificates, variances, zoning changes, entitlements or any other such authorizations from all local, state and federal governmental Lake Placid Cost Reimbursement Agreement - February 2020 agencies (including, without limitation, from the NYS DOT) and any other third parties for Company to construct, install, commission, own, use, operate, and maintain the New Facilities and for Company to decommission, dismantle and remove the Existing Facilities (the “Land Use Approvals”).