Common use of Utility Easements Clause in Contracts

Utility Easements. There is hereby reserved for the use and benefit of the Association and all Owners, non-exclusive easements within the Common Areas for the location, installation and maintenance of utilities and drainage facilities of convenience or necessity as may be requested or required by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area and the buildings constructed within the Center, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operating, repairing, servicing and maintaining utilities or drainage facilities and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, gas mains and lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and lines, and other similar or related facilities commonly regarded as utilities. All storm drains, utility lines, transformers and meters shall be maintained under the terms of this Declaration in a safe and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Utility Easements. There is hereby reserved Except as installed by the Declarant or approved by the New Construction Committee or Architectural Committee, as applicable, no lines, wires, or other devices for the use communication or transmission of electric current or power, including telephone, television, cable and benefit of radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the Association same shall be contained in conduits or cables installed and all Ownersmaintained underground or concealed in, non-exclusive easements within under or on buildings or other structures, to the Common Areas for extent reasonably practicable. No structure, landscaping, or other Improvements shall be placed, erected, or maintained upon any area designated on the location, Plat as a public utility easement which may damage or interfere with the installation and maintenance of utilities utilities. Such public utility easement areas, and drainage facilities of convenience or necessity as may all Improvements thereon, shall be requested or required maintained by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area Lot on which the easement area is located unless the utility company or a county, municipality or other public authority maintains said easement area. There is hereby created a blanket easement upon, across, over and under the Property for ingress to, egress from and the buildings constructed within the Centerinstallation, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operatingreplacing, repairing, servicing altering, operating and maintaining of all utility and service lines and systems including, but not limited to, water, sewer, gas, telephone, electricity, cable or communication lines and systems, as such utilities are installed in connection with the initial development of each Lot. Pursuant to this easement, a providing utility or drainage service company may install and maintain facilities and enforcing equipment on the easement rightsLots and Common Areas and affix and maintain wires, circuits, and conduits on, in, and under the roofs and exterior walls of buildings thereon. For purposes hereofNotwithstanding anything to the contrary contained in this Section, "utilities" shall include electricityno sewers, gas mains and electrical lines, water distribution lines, storm water sewersor other utility or sewer lines may be installed or relocated within the Property except as initially created or approved by Declarant without the prior written approval of, sanitary sewersin the case of a Common Area, telephonethe Association and the New Construction Committee or Architectural Committee, fiberopticas applicable or, cable TVin the case of a Lot, the Owner of such Lot and telegraph cables and linesthe New Construction Committee or Architectural Committee, and other similar as applicable. Nothing contained herein shall entitle Declarant or related facilities commonly regarded as utilitiesany utility in exercising the rights granted herein to disturb any Residential Unit constructed in accordance with the requirements hereof. All storm drains, Declarant further reserves temporary construction easements for utility lines, transformers maintenance of storage tanks and meters shall be maintained under the terms of this Declaration in a safe facilities and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]such facilities.

Utility Easements. There is hereby reserved Prior to the Initial Closing and any subsequent 40 Closing, as appropriate, the Navy shall grant to the Authority on Navy owned Parcels, or 41 reserve to itself on Parcels being conveyed to the Authority, easements, licenses, rights of way, 42 or other similar instruments for the use and benefit of the Association and all Owners, non-exclusive easements within the Common Areas for the location, installation operation and maintenance of utilities existing utilities, and drainage facilities 43 installation, operation and maintenance of convenience all or necessity as portions of new utility systems on said Parcels 44 (“Utility Easements”). Such Utility Easements on Navy owned Parcels may be requested or required provided 45 pursuant to the Utility Agreement referenced in Article 9 hereof. Such Utility Easements on 46 Parcels being conveyed to the Authority shall be reserved by the Association Navy substantially in 1 conformance with the areas shown on Exhibit I-3. The location of the Utility Easements will 2 be adjusted from time to time as necessary to accommodate the redevelopment activity. The 3 Party on whose property the Utility Easements exist (the “Owner Property”) shall not 4 redevelop, close, abandon, reconfigure or any Owner provided replace existing utilities within such easement in 5 such a manner that the grant thereof does not would unreasonably interfere with the normal operation, improvement, and ability of the other Party to exercise 6 its use of the Common Area utilities except where the Party on whose property the Utility Easements exists 7 provides the other Party with suitable comparable alternative utility service and easements over 8 other areas of the buildings constructed within Property. Where such redevelopment, closure, abandonment, reconfiguration 9 or replacement is necessary to conduct actions required by the Centerredevelopment that results in 10 such utility no longer providing the intended service or otherwise ceasing to exist, and no affirmative monetary obligation is imposed upon the Owners Utility 11 Easement, as applicable, shall be moved from time to time to include, in the following order of 12 priority either (i) utilities in other than improved roads that may exist on the Owner benefiting from such easement)Property, (ii) 13 utilities in other unimproved roads that may exist on the Owner Property, or (iii) utilities in 14 other unimproved portions of the Owner Property. The Declarant (and adjustment of the Board where there no longer is a Declarant) Utility Easements 15 shall have be completed by revising the authority to grant easements Exhibits in the original Quitclaim Deeds or rights-of-way for utilities over other applicable 16 instruments with written approval by the Common Areas as necessary to serve Navy or the Common Areas and/or the ParcelsAuthority. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6approval will not be 17 unreasonably withheld. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operating, repairing, servicing and maintaining utilities or drainage facilities and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, gas mains and lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and lines, and other similar or related facilities commonly regarded as utilities. All storm drains, utility lines, transformers and meters shall be maintained under the terms of this Declaration in a safe and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]18

Utility Easements. There is hereby reserved Except as installed by the Declarant or approved by the New Construction Committee or Architectural Committee, as applicable, no lines, wires, or other devices for the use communication or transmission of electric current or power, including telephone, television, cable and benefit of radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the Association same shall be contained in conduits or cables installed and all Ownersmaintained underground or concealed in, non-exclusive easements within under or on buildings or other structures, to the Common Areas for extent treasonably practicable. No structure, landscaping, or other Improvements shall be placed, erected, or maintained upon any area designated on the location, Plat as a public utility easement which may damage or interfere with the installation and maintenance of utilities utilities. Such public utility easement areas, and drainage facilities of convenience or necessity as may all Improvements thereon, shall be requested or required maintained by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area Lot on which the easement area is located unless the utility company or a county, municipality or other public authority maintains said easement area. There is hereby created a blanket easement upon, across, over and under the Property for ingress to, egress from and the buildings constructed within the Centerinstallation, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operatingreplacing, repairing, servicing altering, operating and maintaining of all utility and service lines and systems including, but not limited to, water, sewer, irrigation water, gas, telephone, electricity, cable or communication lines and systems, such as utilities are installed in connection with the initial development of each Lot. Pursuant to this easement, a providing utility or drainage service company may install and maintain facilities and enforcing equipment on the easement rightsLots and Common Areas and affix and maintain wires, circuits, and conduits on, in, and under the roofs and exterior walls of buildings thereon. For purposes hereofNotwithstanding anything to the contrary contained in this Section, "utilities" shall include electricityno sewers, gas mains and electrical lines, water distribution lines, storm water sewersor other utility or sewer lines may be installed or relocated within the Property except as initially created or approved by Declarant without the prior written approval of, sanitary sewersin the case of a Common Area, telephonethe Association and the New Construction Committee or Architectural Committee, fiberopticas applicable or, cable TVin the case of a Lot, the Owner of such Lot and telegraph cables and linesthe New Construction Committee or Architectural Committee, and other similar as applicable. Nothing contained herein shall entitle Declarant or related facilities commonly regarded as utilitiesany utility in exercising the rights granted herein to disturb any Residential Unit constructed in accordance with the requirements hereof. All storm drains, Declarant further reserves temporary construction easements for utility lines, transformers maintenance of storage tanks and meters shall be maintained under the terms of this Declaration in a safe facilities and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]such facilities.

Utility Easements. There is hereby reserved Except as installed by the Declarant or approved by the New Construction Committee or Architectural Committee, as applicable, no lines, wires, or other devices for the use communication or transmission of electric current or power, including telephone, television, cable and benefit of radio signals, shall be erected, placed or maintained anywhere in or upon any Lot unless the Association same shall be contained in conduits or cables installed and all Ownersmaintained underground or concealed in, non-exclusive easements within under or on buildings or other structures, to the Common Areas for extent reasonably practicable. No structure, landscaping, or other Improvements shall be placed, erected, or maintained upon any area designated on the location, Plat as a public utility easement which may damage or interfere with the installation and maintenance of utilities utilities. Such public utility easement areas, and drainage facilities of convenience or necessity as may all Improvements thereon, shall be requested or required maintained by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area Lot on which the easement area is located unless the utility company or a county, municipality or other public authority maintains said easement area. There is hereby created a blanket easement upon, across, over and under the Property for ingress to, egress from and the buildings constructed within the Centerinstallation, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operatingreplacing, repairing, servicing altering, operating and maintaining of all utility and service lines and systems including, but not limited to, water, sewer, gas, telephone, electricity, cable or communication lines and systems, as such utilities are installed in connection with the initial development of each Lot. Pursuant to this easement, a providing utility or drainage service company may install and maintain facilities and enforcing equipment on the easement rightsLots and Common Areas and affix and maintain wires, circuits, and conduits on, in, and under the roofs and exterior walls of buildings thereon. For purposes hereofNotwithstanding anything to the contrary contained in this Section, "utilities" shall include electricityno sewers, gas mains and electrical lines, water distribution lines, storm water sewersor other utility or sewer lines may be installed or relocated within the Property except as initially created or approved by Declarant without the prior written approval of, sanitary sewersin the case of a Common Area, telephonethe Association and the New Construction Committee or Architectural Committee, fiberopticas applicable or, cable TVin the case of a Lot, the Owner of such Lot and the New Construction Committee or Architectural Committee, as applicable. Nothing contained herein shall entitle Declarant or any utility in exercising the rights granted herein to disturb any Residential Unit constructed in accordance with the requirements hereof. Land Owner further reserves to itself, its successors and assigns, and telegraph cables grants to Declarant, its successors and linesassigns, and other similar or related facilities commonly regarded as utilities. All storm drains, temporary construction easements for utility lines, transformers maintenance of storage tanks and meters shall be maintained under the terms of this Declaration in a safe facilities and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]such facilities.