Legal Easement Addendum

LEGAL EASEMENT ADDENDUM

This Legal Easement Addendum (the "Addendum") is made effective as of by and between Property Owner: whose address is (hereinafter "Grantor"), and Grantee: whose address is (hereinafter "Grantee").

RECITALS

WHEREAS, Grantor is the owner of certain real property more particularly described as: and recorded in the official land records as ; and

WHEREAS, Grantor and Grantee desire to amend or supplement the rights and obligations pertaining to an easement affecting the Property to clarify the scope, duration and responsibilities associated with the easement; and

WHEREAS, the parties intend that this Addendum be recorded in the public land records to the extent permitted by applicable law and to run with the land.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. GRANT OF EASEMENT

Grantor hereby grants and conveys to Grantee, its successors and permitted assigns, a non-exclusive easement over, upon and across that portion of the Property described as follows:

2. PURPOSE

The easement granted herein shall be used solely for the following purposes: maintenance, construction, operation, repair, replacement, inspection and improvement of

3. TERM

The easement shall commence on and shall continue until unless earlier terminated as provided herein. Alternatively, the parties may elect that the easement is perpetual: Perpetual

4. MAINTENANCE AND REPAIRS

Unless otherwise provided herein, Grantee shall, at its sole cost and expense, keep the easement area and any improvements located therein in good order and repair. If damage to Grantor's property results from the negligent or willful acts of Grantee or its agents, Grantee shall promptly repair such damage to the reasonable satisfaction of Grantor.

5. ACCESS; HOURS; RESTORATION

Grantee shall provide reasonable prior notice to Grantor, except in the case of emergencies, before entering the easement area for any work. Grantee shall use commercially reasonable efforts to minimize interference with Grantor's use of the Property and shall restore the surface and landscaping disturbed by Grantee's activities to substantially the same condition existing prior to such activity.

6. IMPROVEMENTS AND ALTERATIONS

Grantee shall not construct permanent buildings or other structures within the easement area other than those necessary to accomplish the permitted purposes without the prior written consent of Grantor, which consent shall not be unreasonably withheld. All permitted improvements shall comply with all applicable laws, ordinances and regulations.

7. ASSIGNMENT; RUNNING WITH THE LAND

This Addendum and the easement created hereby shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and permitted assigns and shall run with the land.

8. INSURANCE; INDEMNITY

Grantee shall maintain commercial general liability insurance covering its activities within the easement area in amounts reasonably acceptable to Grantor. Grantee shall indemnify, defend and hold harmless Grantor from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Grantee's use of the easement area, except to the extent caused by Grantor's negligence or willful misconduct.

9. REMEDIES

The remedies provided in this Addendum are cumulative and in addition to all remedies available at law or in equity. In the event of a breach by a party, the non-breaching party shall be entitled to injunctive relief as well as damages.

10. CONSIDERATION

As consideration for the grant of this easement, Grantee shall pay to Grantor the sum of payable upon execution of this Addendum, or such other consideration as the parties may agree in writing.

11. RECORDING

The parties agree to cooperate in the recording of this Addendum in the official records of the county in which the Property is located. The party responsible for recordation shall be: Recorded instrument shall be indexed under Grantor's and Grantee's names.

12. NOTICES

All notices, demands or communications required or permitted hereunder shall be in writing and shall be delivered to the addresses set forth below unless a party designates a different address by written notice:

13. AMENDMENTS; WAIVER

This Addendum may be amended, modified, or supplemented only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought.

14. GOVERNING LAW

This Addendum shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to principles of conflicts of law.

15. ENTIRE AGREEMENT

This Addendum, together with any documents expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

16. SEVERABILITY

If any provision of this Addendum is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

17. COUNTERPARTS

This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signature copies shall be acceptable and binding.

18. MISCELLANEOUS

The headings in this Addendum are for reference only and shall not affect the interpretation of this Addendum. The parties agree to execute such further instruments and take such further actions as may be reasonably necessary to effectuate the purposes of this Addendum.

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