Common use of Permanent Easement Clause in Contracts

Permanent Easement. An exclusive, perpetual, transferable and assignable easement (the “Easement”) upon, over, under, within, through and across, and right to use, those certain portions of Grantor’s Property being more particularly shown in Exhibit “B” (the “Easement Area”), for the purposes of (i) providing pipes, lines, systems, facilities and related equipment, and upgrades for the delivery of the fiber optic infrastructure and service to Grantee’s CLS to be a landing station for optical communication cables as part of the Project and (ii) providing power to the cables to regenerate the optical signal including without limitation: the right of Grantee, its successors, assigns, contractors, subcontractors, agents and permittees to lay, construct, locate, install, use, operate, maintain, inspect, repair, tie into, connect to, relocate and replace such fiber optic service cables, lines, systems, metering and regulating stations and facilities with necessary valves, meters, fittings, service lines, controls, devices, equipment and other usual appurtenances and improvements (collectively, “Improvements”) upon, over, under, within, through and across the Easement Area as are customary and reasonably necessary for the purpose of delivering such Improvements to Grantee’s CLS which might now or hereafter be installed within the Easement Area by Grantee, those using the Easement Area or any other Persons. Nothing herein shall be construed to limit Grantor or the public’s use of the surface area of the Property. The Parties acknowledge and agree that, as of the Effective Date, the surface area of the Property is currently used for public parking. The Easement and use thereof shall not impede or impair the public’s use or Grantor’s normal use of the Property. Grantee shall have the on-going right to construct Improvements which may impact Grantor’s temporary use of the Property. The Easement shall remain in full force and effect until six (6) months after the Project ceases operations by written notice from Grantee to Grantor.

Permanent Easement. An exclusive, perpetual, transferable and assignable easement (the “Easement”) upon, over, under, within, through and across, and right to use, those certain portions of Grantor’s Property being more particularly shown in Exhibit “B” (the “Easement Area”), for the purposes of (i) providing pipes, lines, systems, facilities and related equipment, and upgrades for the delivery of the fiber optic infrastructure and service to Grantee’s CLS to be a landing station for optical communication cables as part of the Project and (ii) providing power to the cables to regenerate the optical signal including without limitation: the right of Grantee, its successors, assigns, contractors, subcontractors, agents and permittees to lay, construct, locate, install, use, operate, maintain, inspect, repair, tie into, connect to, relocate and replace such fiber optic service cables, lines, systems, metering and regulating stations and facilities with necessary valves, meters, fittings, service lines, controls, devices, equipment and other usual appurtenances and improvements (collectively, “Improvements”) upon, over, under, within, through and across the Easement Area as are customary and reasonably necessary for the purpose of delivering such Improvements to Grantee’s CLS which might now or hereafter be installed within the Easement Area by Grantee, those using the Easement Area or any other Persons. Nothing herein shall be construed to limit Grantor or the public’s use of the surface area of the Property. The Parties acknowledge and agree that, as of the Effective Date, the surface area of the Property is currently used for as a public parkingpark. The Easement and use thereof shall not impede or impair the public’s use or Grantor’s normal use of the Property. Grantee shall have the on-going right to construct Improvements which may impact Grantor’s temporary use of the Property. The Easement shall remain in full force and effect until six (6) months after the Project ceases operations by written notice from Grantee to Grantor. Grantee shall have the right to perform the initial improvements within the Temporary Construction Easement attached as Exhibit “C” (the “Temporary Construction Easement”).