Reserved Uses. The Easement is non-exclusive, and Grantor reserves for itself and for Grantor’s employees, agents contractors, subcontractors and consultants, the right to use the Grantor Property and to grant further easements and other interests in (for the limited purposes of planning, design, construction, operation, maintenance, repair, replacement of utilities serving Grantor’s Property and Exemption Plat Parcels 7, 9, 13, 14, 15 and 16 (collectively, the “Battle Retained Parcels”)), and permit others to use, the Grantor Property so long as such grants and uses do not unreasonably interfere or conflict with the Permitted Uses and the use and enjoyment of the Easement permitted hereunder by the Town (collectively, the “Reserved Uses”). The Reserved Uses include but are not limited to: (i) Grantor’s performance of its obligations pursuant to and implementation of the AOC, Restrictive Notice, and other Agencies Requirements that require activities within the Grantor Property; (ii) installation and maintenance of utilities and related improvements as may be necessary or desirable in connection with development within the Grantor Property or the Battle Retained Parcels; and (iii) construction of recreational improvements consistent with the Permitted Uses and Permitted Improvements (“Recreational Improvements”). Pursuant to Section 2.6(c), upon completion of any such work within the Grantor Property, Grantor or such third party will cause all affected areas and existing Permitted Improvements to be restored to substantially the same condition in which they were found before the undertaking of the applicable work. Grantor will further have the right to interrupt temporarily (such interruption not to exceed fourteen (14) calendar days) the use and enjoyment of the Grantor Property as necessary or appropriate in connection with the Reserved Uses within or proximate to the Grantor Property, subject to providing the Town with fourteen (14) calendar days prior written notice.
Appears in 2 contracts
Sources: Recreational Easement Agreement and Option to Lease, Recreational Easement Agreement and Option to Purchase