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D 0 A V <br />the Family Development. Construction of the Family Development will be ac pl E &VV <br />Family Parcel Lessee. <br />(d) Phase II Parcel. Upon execution of this Declaration, BART will retain <br />ownership of the Phase II Parcel. It is anticipated that the Phase II Parcel will be developed <br />subsequent to the development of the Project, and BART will enter into the Phase II Parcel <br />Ground Lease with the Phase II Parking Parcel Lessee for the Phase II Parcel. Declarant will <br />amend this Declaration if necessary, to include any additional rights or obligations pertaining to <br />development of the Phase II Parcel and its lease to the Phase II Parking Parcel Lessee. <br />2.2 No Separate Conveyance of Easements. The ownership of each of the Parcels <br />includes the benefit of, and is encumbered by, and is subject to the Easements. The Project <br />Easements are established through this Declaration and are to be conveyed with the respective <br />Lessee Parcels, and, cannot be modified, terminated or relocated (except as set forth in this <br />Declaration), and shall not be separated or separately conveyed (except as expressly set forth <br />below). Each Easement shall be deemed to be conveyed or encumbered with its respective <br />Parcel, even though the description in the instrument of conveyance or encumbrance may refer <br />only to the fee or leasehold title to one of the Parcels. The easements granted in this Declaration <br />are essential and necessary for the development and ongoing operation of the Improvements. <br />2.3 Easements for Construction and Maintenance. <br />(a) Improvements. Through this Declaration, the Declarant hereby establishes <br />easements to each Lessee and their respective Users over, under, and all about each Parcel for (i) <br />construction or installation and Maintenance of the Improvements within each Lessee Parcel, (ii) <br />repair, restoration, or construction following a casualty of the Improvements, (iii) Maintenance <br />of encroachments in which easements are granted through Section 2.6, and (iv) Maintenance of <br />Improvements within any Lessee Parcel to the extent that performance of such Maintenance is <br />the responsibility or right of another Lessee under Section 2.8 or 2.9. The exercise of the <br />easements granted in this Section shall be made with as little inconvenience to each Lessee as <br />practicable. Except in cases of emergency or with respect to areas for which easements are <br />otherwise provided in this Declaration, twenty-four (24) hours' advance notice (by telephonic <br />notice and: (i) facsimile and overnight delivery, (ii) electronic mail and overnight delivery, or <br />(iii) by personal delivery) shall be given to a Lessee prior to exercise of the easements granted in <br />this Section. Any damage to any portion of any of the Parcels as a result of the exercise of the <br />easement granted in this Section shall be promptly restored to as near the original condition as <br />possible by the Lessee using the easement at such Lessee's sole cost and expense. The easements <br />granted in this Section are of a temporary nature and the rights hereunder may only be exercised <br />during the relevant period of repair, restoration, construction, or Maintenance. <br />(b) Safety Matters; Legalpliance. Each Lessee shall take, and shall <br />cause its agents and contractors to take, all safety measures necessary to protect the other Lessee <br />and their Users and the property of each from injury or damage caused by or resulting from the <br />construction of the applicable portion of the Improvements. Each Lessee agrees that all <br />construction work performed hereunder by, or on behalf of, a Lessee shall be done in a diligent, <br />good and workmanlike manner, with first-class materials and in accordance with approved <br />drawings and specifications (including the Plans and Specifications as applicable) and all <br />N. <br />