Inst 2009307948 - Laserfiche WebLink

Home

supersedes as of the date hereof any prior agreement(s) between the parties, written or oral, concerning the same. Any subsequent modification of these Easements shall be in writing and signed by both parties and their respective successors in interest. c. Severability The invalidity of any of the provisions of these easements, or any portion thereof, shall not affect the remaining portions hereof for any party hereto, and this easements shall be construed as if such provision had not been inserted herein. d. GoverninE Law These easements shall be governed by and construed in accordance with the laws of the State of California. 6. Additional Terms and Conditions Grantor reserves the right to require Grantee to protect, remove, or relocate its facilities located within the easement areas subject to the terms and conditions below: a. The Grantor may require the Grantee to protect, remove, or relocate its facilities to accommodate Grantor's construction, reconstruction, change of grade, maintenance, or repair of any public facility or use within the easement areas conditioned upon Grantor providing Grantee with one year advance written notice of the intended work. Without limiting the generality of this Section, Grantor will endeavor to minimize the impact on Grantee to the extent reasonably feasible. b. The City Engineer shall give notice to Grantee, or to the local manager or agent of Grantee, in advance that work is to be done in the easement areas. The Grantor will specify the general nature of the work, and the area in which the work will be performed. Grantee shall do all things to protect, remove, or relocate its facilities during the progress of such work upon receiving such notice. Grantee shall protect, remove, or relocate its facilities for such a period as shall be necessary to permit the Grantor to perform its work in an economical manner, and in accordance with generally recognized engineering and construction methods. All work perform by Grantee to protect, remove, or relocate its facilities shall be at the sole cost and expense of Grantee. c. If the Grantor's exercise of its rights under this Section 6 results in Grantee permanently removing or relocating its facilities, or if for any other reason Grantee permanently removes or relocates its facilities, these easements will terminate, and will be of no further force or effect.