Termination or Suspension of Easement Plowing Rights Sample Clauses

Termination or Suspension of Easement Plowing Rights. This right to plow under the Easement shall be suspended during such times that the Grantor, or its assigns, in their sole discretion, undertake responsibility (including hiring a qualified person of its choosing) to plow the Road and for so long as said plowing is at the same level of service being provided to Grantees under this Agreement. Grantee’s right to plow hereunder may also be suspended by the County for good cause, after written notice of a material breach and reasonable opportunity to cure the same, and if mediation is unsuccessful, such suspension to last until Grantees’ cures the material breach or gives adequate assurances of its performance which will cure the same, or by or by mutual agreement of the Parties. For purposes of this provision: “good cause” shall relate to the failure to plow properly which caused damages, or repeated damages caused by plowing which is not repaired; and “material breach” shall be defined as repeated violations of Grantee’s obligations described under paragraphs 7 below which go to the essence of the Agreement. This Easement may be terminated when the Road Association no longer is legally operating as an association or does not desire to conduct private winter plowing any longer; PROVIDED, however, that no such termination shall occur unless (a) the Association and its registered agent for service of process is given with written notice by certified mail, return receipt requested, of Grantor’s intent to terminate this Easement, and (b) the Association fails, within 60 days after actual receipt of said notice, to either bring current its legal standing as an association, or to indicate to Grantor, in writing, of the Association’s intent to continue private winter plowing.
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Related to Termination or Suspension of Easement Plowing Rights

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