Common use of ACCESS TO LEASED PROPERTY Clause in Contracts

ACCESS TO LEASED PROPERTY. (a) Tenant shall have non-exclusive access to the Leased Property, in common with Land Owner and others, over such roads and other means as set forth in the Declaration. Except as set forth in the Declaration, Land Owner has no further obligation to provide access, by roads or otherwise, to the Leased Property and nothing in this Agreement shall impose any obligation or duty upon Land Owner to construct, maintain or repair any roads or trails to the Leased Property. Tenant expressly acknowledges that access to the Leased Property may be over private roads on other land of Land Owner, is at Tenant’s own risk and shall be non-exclusive and in common with Land Owner and other third parties, and their respective successors and assigns. (b) Tenant acknowledges that many private roads in the vicinity of the Leased Property, including without limitation the roads over which Tenant shall be permitted to access the Leased Property pursuant to the Declaration, are utilized for industrial timberland activities which take place daily and continuously, and as a result, large forestry equipment and motor vehicles, including very large off-road trucks, will utilize such roads. Additionally, access over any such private roads, whether on land of Land Owner or on land of a third party landowner, shall be subject at all times to the land management practices of Land Owner or such other third party landowners, which practices may include, without limitation, termination, temporary or permanent closure, assessment of entry and use fees, regulation of use and access, and any other lawful action of, or restriction imposed by Land Owner or such third parties. ▇▇▇▇▇▇ agrees to abide by, and shall cause its Representatives to abide by, all posted signs on such private roads. Without creating or implying any duty on the part of Land Owner to provide or ensure access to the Leased Property other than as specified in the Declaration, Land Owner reserves the right to designate or relocate exclusive routes of access or to close, lock or otherwise restrict access along or through roads, paths, trails, gates or rights of way under its control at any time it appears reasonably necessary in Land Owner’s sole discretion to protect the safety of persons or property, including without limitation, during spring mud season, periods of high fire danger, the conduct of harvesting or silvicultural operations and periods when logging equipment or camps are unattended. (c) ▇▇▇▇▇▇ agrees to release and indemnify Land Owner from and against any and all suits or claims arising out of use of private roads situated on Land Owner’s property (including without limitation the roads over which Tenant is expressly permitted to access the Leased Property pursuant to the Declaration), or on the property of a third party landowner, by ▇▇▇▇▇▇, or by ▇▇▇▇▇▇’s guests and invitees, and will defend all such actions at Tenant’s cost, and will satisfy any judgment rendered against Land Owner in any such action. (d) If the Tenant or its Representatives cause damage to any roads on property of Land Owner beyond reasonable and typical wear and tear associated with residential access, Tenant will promptly inform the Land Owner of such damage. The Land Owner reserves the right to undertake the required repair work at the Tenants sole cost and expense (including a reasonable overhead charge). In the event the Land Owner waives its rights to perform the repair work, the Tenant will, within 10 days of being notified by Land Owner that it will not perform such repair work, hire a third-party to provide the repair work at Tenant’s sole cost and expense; provided, however, the Tenant will obtain the approval of the Land Owner prior to commencing such repairs. All repair work performed must be pursued with commercially reasonable diligence.

ACCESS TO LEASED PROPERTY. (a) Tenant shall have non-exclusive access to the Leased Property, in common with Land Owner and others, over such roads and other means as set forth in the Declaration. Except as set forth in the Declaration, Land Owner has no further obligation to provide access, by roads or otherwise, to the Leased Property and nothing in this Agreement shall impose any obligation or duty upon Land Owner to construct, maintain or repair any roads or trails to the Leased Property. Tenant expressly acknowledges that access to the Leased Property may be over private roads on other land of Land Owner, is at Tenant’s own risk and shall be non-exclusive and in common with Land Owner and other third parties, and their respective successors and assigns. (b) Tenant acknowledges that many private roads in the vicinity of the Leased Property, including without limitation the roads over which Tenant shall be permitted to access the Leased Property pursuant to the Declaration, are utilized for industrial timberland activities which take place daily and continuously, and as a result, large forestry equipment and motor vehicles, including very large off-road trucks, will utilize such roads. Additionally, access over any such private roads, whether on land of Land Owner or on land of a third party landowner, shall be subject at all times to the land management practices of Land Owner or such other third party landowners, which practices may include, without limitation, termination, temporary or permanent closure, assessment of entry and use fees, regulation of use and access, and any other lawful action of, or restriction imposed by Land Owner or such third parties. ▇▇▇▇▇▇ agrees to abide by, and shall cause its Representatives to abide by, all posted signs on such private roads. Without creating or implying any duty on the part of Land Owner to provide or ensure access to the Leased Property other than as specified in the Declaration, Land Owner reserves the right to designate or relocate exclusive routes of access or to close, lock or otherwise restrict access along or through roads, paths, trails, gates or rights of way under its control at any time it appears reasonably necessary in Land Owner’s sole discretion to protect the safety of persons or property, including without limitation, during spring mud season, periods of high fire danger, the conduct of harvesting or silvicultural operations and periods when logging equipment or camps are unattended. (c) ▇▇▇▇▇▇ agrees to release and indemnify Land Owner from and against any and all suits or claims arising out of use of private roads situated on Land Owner’s property (including without limitation the roads over which Tenant is expressly permitted to access the Leased Property pursuant to the Declaration), or on the property of a third party landownerlandownerslandowner, by ▇▇▇▇▇▇, or by ▇▇▇▇▇▇’s guests and invitees, and will defend all such actions at Tenant’s cost, and will satisfy any judgment rendered against Land Owner in any such action. (d) If the Tenant or its Representatives cause damage to any roads on property of Land Owner [beyond reasonable and typical wear and tear associated with residential access??], Tenant will promptly inform the Land Owner of such damage. The Land Owner reserves the right to undertake the required repair work at the Tenants sole cost and expense (including a reasonable overhead charge). In the event the Land Owner waives its rights to perform the repair work, the Tenant will, within 10 days of being notified by Land Owner that it will not perform such repair work, hire a third-third- party to provide the repair work at Tenant’s sole cost and expense; provided, however, the Tenant will obtain the approval of the Land Owner prior to commencing such repairs. All repair work performed must be pursued with commercially reasonable diligence.

ACCESS TO LEASED PROPERTY. (a) The Tenant shall have non-exclusive access agrees to permit Landlord and the authorized representatives of the Landlord to enter the Leased Property, in common with Land Owner Property at all times during usual business hours for the purpose of inspecting and others, over such roads and other means as set forth in the Declaration. Except as set forth in the Declaration, Land Owner has no further obligation to provide access, by roads or otherwise, making any necessary repairs to the Leased Property and nothing performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or that the Landlord may deem necessary to prevent waste or deterioration in this Agreement shall impose any obligation or duty upon Land Owner to construct, maintain or repair any roads or trails to connection with the Leased Property. Nothing herein shall imply any duty upon the part of the Landlord to do any such work which, under any provision of this Lease, the Tenant expressly acknowledges that access to the Leased Property may be over private roads on other land of Land Owner, is at Tenant’s own risk and shall be non-exclusive and in common with Land Owner and other third partiesrequired to perform, and their respective successors and assigns. (b) Tenant acknowledges that many private roads the performance thereof by the Landlord shall not constitute a waiver of the Tenant's default in failure to perform the vicinity same. The Landlord may, during the progress of any work in the Leased Property, including without limitation the roads over which Tenant shall be permitted to access keep and store upon the Leased Property pursuant to all necessary materials, tools and equipment. The Landlord shall not be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of the DeclarationTenant by reason of making repairs or the performance of any work in the Leased Property, are utilized for industrial timberland activities which take place daily and continuously, and as a result, large forestry equipment and motor vehicles, including very large off-road trucks, will utilize such roads. Additionally, access over any such private roads, whether on land of Land Owner or on land account of a third party landownerbringing materials, shall be subject at all times to the land management practices of Land Owner supplies and equipment into or such other third party landowners, which practices may include, without limitation, termination, temporary or permanent closure, assessment of entry and use fees, regulation of use and access, and any other lawful action of, or restriction imposed by Land Owner or such third parties. ▇▇▇▇▇▇ agrees to abide by, and shall cause its Representatives to abide by, all posted signs on such private roads. Without creating or implying any duty on the part of Land Owner to provide or ensure access to through the Leased Property other than as specified during the course thereof and the obligations of the Tenant under this Lease shall not thereby be affected in the Declaration, Land Owner any manner whatsoever. Landlord reserves the right to designate or relocate exclusive routes of access or to close, lock or otherwise restrict access along or through roads, paths, trails, gates or rights of way under its control enter upon the Leased Property at any time it appears reasonably necessary in Land Owner’s sole discretion the event of an emergency and at reasonable hours to protect the safety of persons or property, including without limitation, during spring mud season, periods of high fire danger, the conduct of harvesting or silvicultural operations and periods when logging equipment or camps are unattended. (c) ▇▇▇▇▇▇ agrees to release and indemnify Land Owner from and against any and all suits or claims arising out of use of private roads situated on Land Owner’s property (including without limitation the roads over which Tenant is expressly permitted to access exhibit the Leased Property pursuant to prospective purchasers or others; and to exhibit the Declaration), Leased Property to prospective tenants and to display "For Rent" or similar signs on windows or doors in the property of a third party landowner, by ▇▇▇▇▇▇, or by ▇▇▇▇▇▇’s guests and invitees, and will defend all such actions at Tenant’s cost, and will satisfy any judgment rendered against Land Owner in any such action. (d) If Leased Property during the Tenant or its Representatives cause damage to any roads on property of Land Owner beyond reasonable and typical wear and tear associated with residential access, Tenant will promptly inform the Land Owner of such damage. The Land Owner reserves the right to undertake the required repair work at the Tenants sole cost and expense (including a reasonable overhead charge). In the event the Land Owner waives its rights to perform the repair work, the Tenant will, within 10 last 180 days of being notified the term of this Lease, all without hindrance or molestation by Land Owner that it will not perform such repair work, hire a third-party to provide the repair work at Tenant’s sole cost and expense; provided, however, the Tenant will obtain the approval of the Land Owner prior to commencing such repairs. All repair work performed must be pursued with commercially reasonable diligence.