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~6 <br />reference to which plats of survey is hereby made for a more particular description of the location and <br />dimensions of each such easement. The sole and exclusive purposes of the easements herein granted and <br />conveyed to Telesis and each future record owner•of the Office Building Tract shall be to (a) install and use <br />the Collection Lines for their intended purpose, (b) provide access to the Parking Deck Tract and the <br />Common Elements to the record owner of the Office Building Tract and such owner's employees, contractors <br />and subcontractors to maintain, repair and replace the Collection Lines as provided in Section 3 below, and <br />(c) provide the record owner of the Office Building Tract and such owner's employees, contractors and <br />subcontractors access to the Parking Deck Tract and the Common Elements to temporarily or permanently <br />disconnect or shut-off any one or more of the Collection lines as provided in Section 4 below. <br />The foregoing easements shall inure to the benefit of Telesis, its successors and assigns, and each <br />future record owner of the Office Building Tract, and shall be appurtenant to and run with title to the Office <br />Building Tract. <br />TO HAVE AND TO HOLD the foregoing easements and all privileges and appurtenances thereto <br />belonging to Telesis and each future owner of the Office Building Tract as provided herein. The foregoing <br />conveyance is made without warranty of any kind or nature. <br />Section 3 Maintenance. <br />a. The record owner of the Office Building Tract shall be responsible for, at its sole cost and <br />expense, the operation, upkeep, maintenance, repair and replacement of any and all components of the Gray <br />Water System, including the Collection Lines. The record owner of the Office Building Tract shall at all <br />times keep and maintain all components of the Gray Water System, including the Collection Lines, in good <br />and operable condition. Any installation, maintenance, repair or replacement of any Collection Lines shall (i) <br />occur only after the record owner of the Office Building Tract shall have delivered reasonable prior written <br />notice of any such installation, maintenance, repair or replacement to the record owner of the Parking Deck <br />Tract (in the event of any installation, maintenance, repair or replacement of any Collection Lines located in, <br />on, under or upon the Parking Deck Tract) and/or to the Association (in the event of any installation, <br />maintenance, repair or replacement of any Collection Lines located in, on, under or upon the Common <br />Elements), as applicable, and (ii) be accomplished in a manner that will not unreasonably or unnecessarily <br />interfere with the use of the Parking Deck Tract or the Common Elements by the respective owners thereof <br />and such owners' employees, patrons, customers, contractors, guests, invitees and licensees. The record <br />owner of the Office Building Tract shall make a good faith and reasonable effort to at all times fulfill its <br />upkeep and maintenance obligations as set forth in this paragraph by maintaining in place, at its sole cost.and <br />expense, a contract with an independent company for the periodic upkeep and maintenance of the Gray Water <br />System in a commercially reasonable manner. <br />b. Notwithstanding foregoing, the record owner of the Parking Deck Tract shall be responsible for, <br />at its sole cost and expense, the repair or replacement of any Collection Lines located in, on, under or upon <br />the Parking Deck Tract which are damaged as a consequence of the act of such owner or such owner's <br />employees, patrons, customers, contractors, guests, invitees or licensees. <br />o. Notwithstanding the foregoing, the record owners of the Condominium Units and the Association, <br />as applicable, shall be responsible for, at its/their sole cost and expense, (i) the repair or replacement of any <br />Collection Lines located in, on, under or upon any part of the Common Elements which are damaged as a <br />consequence of the act of any such owner or the Association, or the employees, patrons, customers, <br />contractors, guests, invitees or licensees of any such owner or the Association; and (ii) the operation, <br />maintenance, repair and replacement of any and all gray water collection pipes and/or lines n,nning from <br />each shut-off valve to and/or through any building constituting a part of the Condominium, and any <br />appurtenant installations. The record owners of the Condominium Units, and the Association, shall at all <br />-3- <br />