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e ' <br /> GRANT AGREEMENT <br /> 1. Grant of Easement to Access Underground Facilities. The Recitals above are true and <br /> correct and made a part hereof. For valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, Grantor hereby grants and conveys to Grantee a permanent easement to access <br /> underground facilities beneath the Property described in Exhibit A, subject to the conditions set forth in this <br /> Agreement(the"Easement"). <br /> 2. Purpose and Use of Easement. Grantee may only use the Easement to gain reasonable <br /> access to and operate, maintain, inspect, repair and improve the underground facilities beneath the <br /> Easement, including but not limited to the installation, removal and modification of the underground facilities <br /> and other utilities. At no time shall Grantee have any right or ability to restrict Grantor or Grantor's invitees' <br /> use of the Property. Grantee must obtain Grantor's written approval before relocating any equipment or <br /> facilities within the Easement. Grantor grants to Grantee the right to assign to another public utility as <br /> defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, <br /> remove and use communications facilities within the Easement. Grantee may not trim or cut down any <br /> trees and/or brush within said Easement, or along each side of the Easement without the prior written <br /> approval of Grantor. Grantee may not install anything beneath, upon or above the Easement that will <br /> interfere with its use as an access road or any other use to which it is put by Grantor. <br /> 3. Covenant Running With the Land; Binding on Successors. The Easement created under <br /> this Agreement and each term, condition and covenant contained in this Agreement constitutes a covenant <br /> running with the land and inures to the benefit of and is binding upon the Parties and their respective <br /> successors and assigns, including, without limitation, all subsequent owners of the Property burdened <br /> hereby or any portion thereof or interest therein. It is the intent of the Parties that the Easement granted <br /> hereby agreements running binding all a reements set forth herein shall be"covenants runnin with the land" bindin upon the <br /> Property. <br /> 4. No Barriers. Grantor shall not erect or construct any building or other structure or drill or <br /> operate any well under or within said strip of land. <br /> 5. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this <br /> Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or <br /> to such other address as a Party may designate by written notice delivered to the other Parties in <br /> accordance with this Section. All such notices shall be sent by: <br /> (i) personal delivery, in which case notice is effective upon delivery; or <br /> (ii)certified or registered mail, return receipt requested, in which case notice shall be <br /> deemed delivered on receipt if delivery is confirmed by a return receipt; or <br /> (iii) nationally recognized overnight courier, with charges prepaid or charged to the <br /> sender's account, in which case notice is effective on delivery if delivery is confirmed by the <br /> delivery service; or <br /> (iv)facsimile transmission or email, in which case notice shall be deemed delivered upon <br /> transmittal, provided that(a) a duplicate copy of the notice is promptly delivered by first-class or <br /> 2 Grant Deed for Easement to Access Underground Facilities <br />