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Attachment 1
<br /> of the fence and the center line of the Right of Way Snip , and (E) if a fence crosses the Right of
<br /> Way Strip or makes part of it inaccessible to DEC , Grantor shall install a gate pursuant to DEC ' s
<br /> specifications to allow flee access required by DEC ' s vehicles and equipment; and (viii) excavate ,
<br /> grade, and fill, provided Grantor receives DEC ' s prior written approval (which DEC may withhold
<br /> in its sole discretion) , which approval may contain conditions including, without limitation, the
<br /> allowable grade and distances from DEC ' s facilities that cannot be excavated.
<br /> (c) DEC ' s Use of Premises Outside of the Right of WaYStrip . 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 tree' 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 vehicles ,
<br /> equipment, and pedestrians . If then- existing streets , roads , and driveways do not provide
<br /> sufficient access , then DEC shall be entitled to use a reasonably convenient and feasible access
<br /> route or routes over the Premises to access the Right of Way Strip and/or Danger Trees and
<br /> shall be entitled to construct and maintain a roadway or driveway for such purposes .
<br /> (d) DEC ' s Repair Obli ate . 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, however,
<br /> for purposes of the initial clearing of all trees which DEC is entitled to cut and remove from the
<br /> Premises pursuant to Paragraphs (a) and (c) herein, said trees shall , upon such cutting, become the
<br /> property of DEC . Nothing in this Easement shall impose upon DEC any duty to repair or warn of
<br /> any condition or any type of injury or damage to the Premises existing prior to the date of this
<br /> Easement nor shall DEC have any duty to repair or warn of any condition or any type of injury or
<br /> damage upon the Premises caused by the Grantor, any third party, any Act of God, or any natural
<br /> process , including, without limitation, erosion or conditions caused by 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 and
<br /> all of such rights .
<br /> TO HAVE AND TO HOLD the aforesaid rights , privileges and easements unto DEC , its successors and
<br /> 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 /> convey the said rights and easements , that the same is free and clear from any and all encumbrances , and that
<br /> Grantor will forever warrant and defend the title to the said rights and easements against the lawful claims of all
<br /> persons whomsoever .
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