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13 - <br /> BODK1732 mr, 455 <br /> described in Exhibit B attached hereto and by this reference made a part hereof(said property <br /> and Additional Property being hereinafter collectively referred to as the"Entire Property"). The <br /> acquiring federal agency is the U.S. Department of Energy, This statement is made :'or federal <br /> administrative purposes and is not intended to impose any restriction on the use of the p:-emises. <br /> THIS EASEMENT is granted subject to the following terms and conditions; <br /> 1. Grant of Easement. Subject to the terms and conditions set forth in this <br /> Easement, Grantor, for itself, its successors and assigns, does hereby grant to Grantee, and <br /> Grantee does hereby accept, the non-exclusive right, privilege and easement to enter upon the <br /> Entire Property from time to time during the term of the easements herein granted for the <br /> purposes of(i) conducting the Research thereon; (d) installing, repairing, using, replacing such <br /> equipment as Grantee may deem necessary or appropriate in connection with the condt ct of the <br /> Research, (LU) Pedestrian and vehicular ingress, regress and egress over such roads and/or <br /> footpaths as may be constructed on the Entire Property from time to time by Grantor, provided <br /> that the use of such roads and/or footpaths by Grantee shall be in accordance with such Jules and <br /> regulations as Grantor may promulgate from time to time for the use of said roads and footpaths <br /> during the term of this Easement;and(iv)the Grantee shall have the right to limit activities on the <br /> Additional Property which may be incompatible with the Research. The.rights, privileges and <br /> - easements granted hereby shall be for the use and enjoyment of Grantee, its employees, agents <br /> and invitees. The rights, privileges and easements granted hereby shall be non-exclus.ve, and <br /> Grantor hereby reserves the right to enter upon the Entire Property and use same for any and all <br /> purposes not inconsistent with this Easement,including, without limitation, the rights he-etofore <br /> granted to Grantee in the Additional Property for the benefit of the National Aeronautics and <br /> Space Administration("NASA')pursuant to that certain Deed of Easement with Warranty Deed <br /> dated June 29, 1996 (the`NASA Easement")recorded in Book 1511, Page 535 in the Orange <br /> County Registry. <br /> 2. Warranty of Ownership. The Grantor, for itself, its successors and assigns, <br /> hereby covenants with the Grantee and its assigns that said Grantor is lawfully seized of the Entire <br /> ,E. Property;that the Entire Property is not subject to any prior easements, restrictive covenants, or <br /> any other claims which in any way adversely affect this Easement other than the prior rights <br /> heretofore granted for the benefit of NASA pursuant to the NASA Easement; and that Crrantor <br /> warrants and will defend the title to said Easement against the lawful claim of all persons <br /> whomsoever other than NASA for claims arising pursuant to the NASA Easement over the <br /> Additional Property; <br /> 3. Term. The term of this Easement shall be ten(10)years from the date first above <br /> written subject to automatic annual renewals thereafter unless and until either Grantor or G-antee <br /> shall have given the other party hereto at least sixty(60)days prior written notice of its election to <br /> terminate this Easement effective upon the expiration of the then current term of this Easement. <br /> Grantor and Grantee shall have the right to terminate this Easement at any time upon mutual <br /> agreement and recordation in the Orange County Registry of an instrument, signed by both <br /> Grantee and Grantor,terminating this Easement. <br /> CJQ391vOlLa JQ.0101I <br /> 2 <br />