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4 <br /> 30 degrees between the centerline of the fence and the center line of the Right of Way Strip, and <br /> (E) if a fence crosses the Right of Way Strip or makes part of it inaccessible to DEC, Grantor <br /> shall install a gate pursuant to DEC 's specifications to allow free access required by DEC's <br /> vehicles and equipment; and (viii) excavate, grade, and fill, provided Grantor receives DEC's <br /> prior written approval (which DEC may withhold in its sole discretion), which approval may <br /> contain conditions including, without limitation, the allowable grade and distances from DEC's <br /> facilities that cannot be excavated. <br /> (c) DEC's Use of Premises Outside of the Right of Way Strip. Grantor further grants to DEC, its <br /> successors and assigns, the right to enter upon the Premises outside of the Right of Way Strip for <br /> the following purposes and uses: <br /> (1) to cut, fell and remove any and all trees on the Premises that are or may become tall enough, <br /> in DEC's opinion, to fall on or otherwise endanger a line or other facility or structure within <br /> the Right of Way Strip ("Danger Trees"). <br /> (2) to gain access to the Right of Way Strip and Danger Trees at any time and from time to time <br /> by vehicles, equipment, and pedestrians, provided that DEC's use of the Premises outside of <br /> the Right of Way Strip shall be confined to then-existing streets, roads, and driveways to the <br /> extent they provide sufficient access to the Right of Way Strip and/or Danger Trees by <br /> vehicles, equipment, and pedestrians. If then-existing streets, roads, and driveways do not <br /> provide sufficient access, then DEC shall be entitled to use a reasonably convenient and <br /> feasible access route or routes over the Premises to access the Right of Way Strip and/or <br /> Danger Trees and shall be entitled to construct and maintain a roadway or driveway for such <br /> purposes. <br /> (d) DEC's Repair Obligation. DEC shall repair damage to the Premises, including roads, driveways, <br /> and fences, resulting directly from DEC's exercise of its rights granted herein. Provided, <br /> however, for purposes of the initial clearing of all trees which DEC is entitled to cut and remove <br /> from the Premises pursuant to Paragraphs (a) and (c) herein, said trees shall, upon such cutting, <br /> become the property of DEC. Nothing in this Easement shall impose upon DEC any duty to <br /> repair or warn of any condition or any type of injury or damage to the Premises existing prior to <br /> the date of this Easement nor shall DEC have any duty to repair or warn of any condition or any <br /> type of injury or damage upon the Premises caused by the Grantor, any third party, any Act of <br /> God, or any natural process, including, without limitation, erosion or conditions caused by <br /> vegetation. <br /> The failure of DEC to exercise or continue to exercise any of the rights herein granted shall not be <br /> construed as a waiver or abandonment of the right thereafter at any time or from time to time to exercise any <br /> and all of such rights. <br /> TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto DEC, its successors <br /> and assigns forever. <br /> And Grantor, for the Grantor and for the Grantor's successors and assigns, covenants to and with DEC, <br /> its successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to <br /> Orange County 5.23.17 3 <br />