Orange County NC Website
Browse       Search
12 <br />5. In accordance with and subject to the LFG Agreement, Grantee shall be <br />responsible for repair of any damage to Grantor's Properties, real and personal, caused by the <br />construction, installation, operation and maintenance of the LFG Equipment and Ductbank <br />Equipment, or in the exercise of its right of ingress and egress. <br />6. The temporary construction easements described above shall expire upon <br />completion of the installation of the LFG Equipment and Ductbank Equipment. <br />7. Grantee acknowledges it takes all easements granted herein subject to Grantor's <br />Municipal Solid Waste Landfill Facility Permit No. 68-01 (the "Permit") and all requirements, <br />terms, and conditions contained within the Permit. In accordance with and subject to the LFG <br />Agreement, Grantor shall take reasonable steps to ensure Grantor's responsibilities pursuant to <br />the Permit do not interfere with Grantee's use of the easement areas. In the event the <br />requirements, terms, or conditions of the Permit, or actions associated therewith, cause <br />unreasonable interference with Grantee's use of the easement areas, Grantor and Grantee shall be <br />responsible for mitigating any such unreasonable interference in accordance with the terms of the <br />LFG Agreement. <br />8. If Grantee abandons the use of the easement areas, the easement areas shall revert <br />back to Grantor. <br />9. That by acceptance of these easements, the Grantee binds itself and its successors <br />and assigns to the foregoing conditions. <br />TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto said <br />Grantee, its successors and assigns, for so long as Grantee maintains said LFG Equipment and <br />Ductbank Equipment and no longer. <br />9 <br />{00042175.DOCX 3} <br />