Common use of Utility Easement Clause in Contracts

Utility Easement. Each Grantor hereby grants and conveys to each other Grantee a non-exclusive perpetual easement, in common with all persons and entities entitled to use the same, to install, operate, maintain, repair, remove and replace underground utilities, including gas, water, irrigation, electricity, cable, telecommunications, sanitary sewer, and other lines (collectively called the “Facilities”) under the surface of that portion of the Grantor’s Tract designated on the Site Plan as the “Utility Easement Area” (the “Utility Easement Area”), together with the right of reasonable and necessary ingress and egress to and from the Utility Easement Area in connection with the exercise of the rights granted herein. The easement established herein runs with the land, is appurtenant to and benefits the Adjacent Tract and Target Tract, and burdens the Adjacent Tract and Target Tract. (A) The right to use Utility Easement Area includes Adjacent Owner and Target, their successors and assigns, as well as the Occupants and Permittees of their Tracts. (B) The Utility Easement Area is generally located within the Permanent Access Drive. Each Grantor hereby reserves and retains all other property rights in and to the Utility Easement Area located on its Tract. (C) The Facilities placed in the Utility Easement Area must be buried to a depth not less than thirty (30) inches below the then-existing surface, and the installing Owner must cause the backfill to be compacted in layers to avoid settling, voids and/or air pockets, and repair and replace any surface improvements. To the extent feasible, all work on the Permanent Access Drive must be performed outside of normal business hours and such work shall not unreasonably interfere with pedestrian or vehicular traffic between the other Owner’s Tract and the public right of way adjacent to the Permanent Access Drive. (D) The Facilities must be placed in a manner not to unreasonably interfere with the Facilities previously located within the Utility Easement Area. An Owner may relocate another Owner’s Facilities, but only with that Owner’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. The Owners agree to work in good faith to locate their Facilities within or as close to their own Tracts to the extent feasible and permitted by law. Each Owner must maintain their Facilities in a good and safe condition, and install, maintain, operate, repair, replace and remove the Facilities in compliance with all applicable governmental rules, regulations and requirements.

Utility Easement. Each Grantor Landlord does hereby grants GRANT and conveys to each other Grantee CONVEY unto Tenant during the Term a non-exclusive perpetual easementeasement over, in common with across, on and under the Parking Tract and the Fairground Tract ("Utility Easement") for the purpose of establishing, installing, constructing, laying, operating, maintaining, repairing, removing, demolishing and reconstructing all persons such pipes, wires, conduits, equipment, apparatus and entities entitled facilities (collectively, "Utility Lines") as shall be necessary or appropriate for the provision of utility services to use the sameAmphitheater or any portion thereof, to installincluding, operate, maintain, repair, remove and replace underground utilities, including gasbut not limited to, water, irrigation, electricity, cablesteam, telecommunicationsnatural gas, telephone, sanitary sewer, storm sewer and other lines (collectively called the “Facilities”) under the surface of that portion of the Grantor’s Tract designated on the Site Plan as the “oil. The Utility Easement Area” shall be governed by the following terms, conditions and provisions: (the “Utility Easement Area”), together with the right of reasonable and necessary ingress and egress to and from a) Tenant shall utilize the Utility Easement Area in connection such locations and places over, across, on and under the Landlord Land so as to minimize interference with the exercise current use of the rights granted herein. The easement established herein runs with the land, is appurtenant to and benefits the Adjacent Tract and Target Tract, and burdens the Adjacent Tract and Target TractLandlord Land. (Ab) The right Prior to use installing, constructing or laying any Utility Easement Area includes Adjacent Owner and TargetLines on, their successors and assignsover, as well as across or under the Occupants and Permittees of their Tracts. (B) The Utility Easement Area is generally located within the Permanent Access DriveLandlord Land. Each Grantor hereby reserves and retains all other property rights in and to the Utility Easement Area located on its Tract. (C) The Facilities placed in the Utility Easement Area must be buried to a depth not less than Tenant shall provide thirty (30) inches below days prior notice of the then-location of the specific route which such Utility Lines shall take across the Landlord Land. If Landlord (i) believes that the location of such Utility Lines may be moved in a manner which would be less intrusive or disruptive of the current land usage of the Landlord Land or (ii) desires that the location of such Utility Lines be moved for better integration into the existing surfaceUtility Lines used by Landlord, then Landlord shall have the right, during such thirty (30) day period to notify Tenant thereof and provide notice of a proposed relocated route. If Tenant and Landlord are unable to agree upon the installing Owner must cause the backfill specific route of any Utility Line to be compacted installed, constructed or laid pursuant to Tenant's rights under the Utility Easement, then such matter shall be resolved in layers to avoid settling, voids and/or air pockets, and repair and replace any surface improvementsaccordance with the dispute resolution provisions contained in Section 15.13 hereof. To the extent feasiblepracticable, Tenant shall confine all work of the Utility Lines for each of the various utility services to be provided to the Amphitheater within a singular area on, over, across and under the Landlord Land no wider, at any one point, than the minimum width required to accommodate the requirements of the various utility providers. (c) Upon completion of construction of the Amphitheater, Tenant shall execute and deliver to Landlord such instruments, documents and agreements as may be reasonably requested by Landlord which amend the Utility Easement in such a manner as to specifically locate by metes and bounds the Utility Easement on, over, across and under the actual portion of the Landlord Land where Utility Lines were actually placed by Tenant for the provision of utility services to the Amphitheater, together with a reasonable amount of space on either side thereof to permit Tenant access to the Permanent Access Drive must Utility Lines for maintenance, repair and replacement. (d) The Utility Easement, or any portion thereof, shall be performed outside of normal business hours assignable by Tenant, separate and such work apart from the other rights, easements, licenses, interests and estates created pursuant to this Lease, to any third party utility provider. (e) All Utility Lines shall not unreasonably interfere with pedestrian or vehicular traffic be buried between the other Owner’s property line of the Entire Tract and the public right property line of way adjacent to the Permanent Access Drive. (D) The Facilities must be placed in a manner Amphitheater Tract. Tenant shall not to unreasonably interfere with disrupt, demolish, move or relocate Landlord's existing utility lines, connections or installations without the Facilities previously located within the Utility Easement Area. An Owner may relocate another Owner’s Facilities, but only with that Owner’s prior written consentconsent of Landlord, which shall not consent may be unreasonably withheld, conditioned, or delayed. The Owners agree to work in good faith to locate their Facilities within or as close to their own Tracts to the extent feasible and permitted by law. Each Owner must maintain their Facilities in a good and safe condition, and install, maintain, operate, repair, replace and remove the Facilities in compliance with all applicable governmental rules, regulations and requirementsexpressly conditioned on Tenant's relocation of said existing utilities at Tenant's expense.

Utility Easement. Each Grantor hereby grants and conveys to each other Grantee a non-exclusive perpetual easementEasement for the purpose of installing, in common with all persons and entities entitled to use constructing, increasing, or decreasing the samesize, to installoperating, operatemaintenance, maintainadding to, repair, remove and replace underground or altering present or future utilities, including gas, water, irrigation, electricity, cable, telecommunications, sanitary sewer, storm sewer, electric, natural gas, television cable, telephone cable or others as deemed utility by the City of Harrisonburg through and other lines (collectively called across the “Facilities”) under property, said easement being more particularly bounded and described on the surface of that portion Plat. The above-described utility easement is subject to the following conditions: 1. All utilities installed in the easement, shall be and remain the property of the Grantor’s Tract designated on City, its successors and assigns. 2. The City and its agents shall have full and free use of said easement for the Site Plan as the “Utility Easement Area” (the “Utility Easement Area”)purposes named, together with the right of reasonable and shall have all rights and privileges reasonably necessary ingress and egress to and from the Utility Easement Area in connection with the exercise of the rights granted hereinin the easement including the right to access to and from the easement; Grantor agrees that City or its agents can use existing gates or entrances for the most direct access to the easement, for inspection and/or repairs. 3. The City and its assigned utilities shall have the right to trim, cut and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easement established being conveyed, deemed by it to interfere with the proper and efficient installation, construction, operation, and maintenance of said water mains, waterlines, and appurtenant facilities; provided, however, that the City and its assigned utilities at its own expense shall restore as nearly as possible, to their original condition, all land or premises which are disturbed in any manner by the construction, operation, and maintenance of said utilities. Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas within and outside the easements, and the replacement of structures and other facilities located outside the easement, but shall not include the replacement of structures, trees, and other facilities located within the easement. 4. Owner reserves the right to make use of the easement herein runs granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easement by the City and its assigned utilities for the purposes named; provided, however, the Owner shall comply with all applicable City ordinances and regulations. The Owner shall not erect permanent buildings or structures within the easement except it be pavement or a fence or structure which can be readily moved. 5. This easement shall be perpetual and shall run with the land, is appurtenant to and benefits the Adjacent Tract and Target Tract, and burdens the Adjacent Tract and Target Tract. (A) The right to use Utility Easement Area includes Adjacent Owner and Target, their successors and assigns, as well as the Occupants and Permittees of their Tracts. (B) The Utility Easement Area is generally located within the Permanent Access Drive. Each Grantor hereby reserves and retains all other property rights in and to the Utility Easement Area located on its Tract. (C) The Facilities placed in the Utility Easement Area must be buried to a depth not less than thirty (30) inches below the then-existing surface, and the installing Owner must cause the backfill to be compacted in layers to avoid settling, voids and/or air pockets, and repair and replace any surface improvements. To the extent feasible, all work on the Permanent Access Drive must be performed outside of normal business hours and such work shall not unreasonably interfere with pedestrian or vehicular traffic between the other Owner’s Tract and the public right of way adjacent to the Permanent Access Drive. (D) The Facilities must be placed in a manner not to unreasonably interfere with the Facilities previously located within the Utility Easement Area. An Owner may relocate another Owner’s Facilities, but only with that Owner’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. The Owners agree to work in good faith to locate their Facilities within or as close to their own Tracts to the extent feasible and permitted by law. Each Owner must maintain their Facilities in a good and safe condition, and install, maintain, operate, repair, replace and remove the Facilities in compliance with all applicable governmental rules, regulations and requirements.