Common use of Utility Easement Reservation Clause in Contracts

Utility Easement Reservation. Notwithstanding anything in this Agreement to the contrary, the Authority hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the Land, (b) StadCo shall have the right to use the areas in which such utilities facilities and appurtenances are located for any lawful purpose not inconsistent with the rights reserved to the Authority hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises as a whole by StadCo pursuant to the terms of this Agreement, and (d) StadCo shall have the right, at StadCo’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Authority and the holder of the easement to other locations reasonably satisfactory to StadCo and the holder of the easement. In addition, the Authority shall, at no cost or expense to StadCo, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances.

Utility Easement Reservation. Notwithstanding anything in this Agreement Lease to the contrary, the Authority Fair Board hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the LandSpeedway Property, (b) StadCo Bristol shall have the right to use the areas in which such utilities facilities and appurtenances are located for any lawful purpose in compliance with Applicable Law not inconsistent with the rights reserved to the Authority Fair Board hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises as a whole or any portion thereof by StadCo Bristol pursuant to the terms of this AgreementLease, and (d) StadCo Bristol shall have the right, at StadCoBristol’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Authority Fair Board and the holder of the easement to other locations reasonably satisfactory to StadCo Bristol and the holder of the easement. In addition, the Authority Fair Board shall, at no cost or expense to StadCoBristol, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances. The Fair Board does not warrant that any utility services to the Premises will be free from interruptions caused by Force Majeure, and any such interruption of utility services in and of itself shall never be deemed an eviction or disturbance of Bristol’s use of the Premises or any part thereof, or render the Fair Board liable to Bristol for damages or relieve Bristol from performance of Bristol’s obligations under this Lease.

Utility Easement Reservation. Notwithstanding anything in this Agreement to the contrary, the Authority hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the Land, (b) StadCo shall have the right to use the areas in which such utilities facilities and appurtenances are located for any lawful purpose not inconsistent with the rights reserved to the Authority hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises as a whole by StadCo pursuant to the terms of this Agreement, and (d) StadCo shall have the right, at StadCo’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Authority and the holder of the easement to other locations reasonably satisfactory to StadCo and the holder of the easement. In addition, the Authority shall, at no cost or expense to StadCo, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, sidewalks and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances.

Utility Easement Reservation. Notwithstanding anything in this Agreement to the contrary, the Authority hereby reserves the right to grant the owner or operator of any utility lines, pipes, conduits, mains or transmission facilities (but not privately-owned transportation facilities) non-exclusive easements over, across or below the Premises in order to install, operate, maintain, repair, replace, remove or modify such utility facilities and appurtenances related thereto that it reasonably deems necessary; provided, however, that (a) all such utilities facilities and appurtenances shall be located in the parking or setback areas of the Land, (b) StadCo shall have the right to use the areas in which such utilities facilities and appurtenances are located for any lawful purpose not inconsistent with the rights reserved to the Authority hereunder, including the right to cross such utility facilities and appurtenances and to construct or install landscaping, paving, roads, sidewalks and driveways over such utility facilities and appurtenances, (c) the location, route, installation, operation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances must not materially interfere with operation and use of the Premises as a whole by StadCo pursuant to the terms of this Agreement, and (d) StadCo shall have the right, at StadCo’s expense, to relocate any such utilities facilities and appurtenances as may be reasonably necessary from time to time upon reasonable prior notice to the Authority and the holder of the easement to other locations reasonably satisfactory to StadCo and the holder of the easement. In addition, the Authority shall, at no cost or expense to StadCo, promptly repair or replace, or cause to be repaired or replaced, all landscaping, paving, fences, sidewalks, and other facilities located on the Premises to the condition that existed prior to the installation, maintenance, repair, replacement, removal or modification of such utility facilities and appurtenances.appurtenances.‌