Grading Easement. Piedmont hereby grants to ▇▇▇▇▇▇▇, and ▇▇▇▇▇▇▇’ successors and assigns, an exclusive grading easement (the “Grading Easement”) in, to, over, under, and across the portion of the Piedmont Property shown as the cross-hatched area in Exhibit “C” attached hereto and incorporated herein by reference (the “Grading Easement Area”), to provide ▇▇▇▇▇▇▇ access to the Grading Easement Area for the purpose of removing a natural berm located within the Grading Easement Area in accordance with a grading plan which shall be prepared by ▇▇▇▇▇▇▇ at its sole cost and expense and provided to Piedmont for its reasonable approval prior to the commencement of construction (the “Grading Plan”). Such approval shall occur within 15 business days of the receipt of the Grading Plan. ▇▇▇▇▇▇▇ will be responsible for all costs of permitting and construction related to the said berm removal and grading. The Grading Plan shall provide, among other things, that the graded elevation of the Grading Easement Area after removal of the berm shall be no higher than 1015 feet. Additionally, the Grading Plan will provide that the berm is removed and that the ▇▇▇▇▇▇▇ Property is graded to an extent that no retaining walls or any other slope maintenance facilities will be required on the Piedmont Property after the berm is removed and the grading is completed. ▇▇▇▇▇▇▇ shall have the right to all the dirt removed from the Grading Easement Area, and ▇▇▇▇▇▇▇ may use said dirt to level, balance, and grade the ▇▇▇▇▇▇▇ Property and/or the Grading Easement Area pursuant to the Grading Plan.
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Grading Easement. Piedmont and Peachtree each hereby grants grant to ▇▇▇▇▇▇▇, and ▇▇▇▇▇▇▇’ successors and assigns, an exclusive grading easement (the “Grading Easement”) in, to, over, under, and across the portion portions of the Piedmont Property and the Peachtree Property, respectively, shown as the cross-hatched area in Exhibit “C” attached hereto and incorporated herein by reference (the “Grading Easement Area”), to provide ▇▇▇▇▇▇▇ access to the Grading Easement Area for the purpose of removing a natural berm located within the Grading Easement Area in accordance with a grading plan which shall be prepared by ▇▇▇▇▇▇▇ at its sole cost and expense and provided to Piedmont and Peachtree for its their reasonable approval prior to the commencement of construction (the “Grading Plan”). Such approval shall occur within 15 business days of the receipt of the Grading Plan. ▇▇▇▇▇▇▇ will be responsible for all costs of permitting and construction related to the said berm removal and grading. The Grading Plan shall provide, among other things, that the graded elevation of the Grading Easement Area after removal of the berm shall be no higher than 1015 feet. Additionally, the Grading Plan will provide that the berm is removed and that the ▇▇▇▇▇▇▇ Property is graded to an extent that no retaining walls or any other slope maintenance facilities will be required on the Piedmont Property or the Peachtree Property after the berm is removed and the grading is completed. ▇▇▇▇▇▇▇ shall have the right to all the dirt removed from the Grading Easement Area, and ▇▇▇▇▇▇▇ may use said dirt to level, balance, and grade the ▇▇▇▇▇▇▇ Property and/or the Grading Easement Area pursuant to the Grading Plan.
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