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<br />Section 1. Grant of Easement
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<br /> Grantor hereby grants to Grantee a temporary construction easement upon, over, under, across
<br />and through the Property for the purpose of constructing Eden Road, including storing equipment and
<br />making temporary physical changes to the Property as necessary to facilitate the construction of Eden
<br />Road, as well as incidental uses and purposes.
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<br />Section 2. Term
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<br /> Unless duly terminated earlier, the term of this Grant (the “Term”) shall commence upon the date
<br />(the “Commencement Date”) specified by the Grantee in written notice delivered to the Grantor not less
<br />than ten (10) days in advance of the Commencement Date, and shall extinguish automatically on the later
<br />of either the date that the City of San Leandro accepts the Eden Road construction as complete, as
<br />evidenced by recordation of a Notice of Completion at the Alameda County Recorder’s Office, or the
<br />settlement of any Stop Notices or further legal action related to the Eden Road construction. Grantee
<br />shall provide Grantor with written notice upon termination of the Grant pursuant to this section.
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<br />Section 3. Use and Maintenance of the Property
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<br /> Grantee may use the Property for such purposes as are necessary to facilitate the construction of
<br />Eden Road, including making physical changes to the Property. Grantee shall, at Grantee’s sole cost,
<br />perform all activities on or about the Property in a good and workmanlike manner, and shall comply with
<br />all laws, rules, regulations, codes, orders and ordinances that apply to such activities. Grantee shall keep
<br />the Property free from any and all liens arising out of activities performed by Grantee. While performing
<br />activities on the Property, or any part thereof, Grantee shall maintain, or shall cause all contractors
<br />entering onto the Property to maintain, workers’ compensation insurance in the statutorily prescribed
<br />amount and commercial general liability insurance coverage of at least $1,000,000, naming Grantor as
<br />additional insureds.
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<br /> Prior to the end of the Term, Grantee shall, at its sole cost and expense, repair any damage to the
<br />Property, and improvements and landscaping located thereon, caused by the Grantee or its employees,
<br />agents, or contractors during the course of using the Property, and shall restore the Property to the
<br />condition which it existed prior to the Commencement Date.
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<br />Section 4. Termination
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<br /> All or any part of this Grant may be terminated upon failure by the Grantee to comply with any of
<br />its terms and conditions, or upon abandonment of the rights granted herein. Further, all or any part of this
<br />Grant may be terminated upon failure by Grantee to comply with any of the terms and conditions set forth
<br />in that certain Grant by Grantee for access to the airport perimeter dike, dated _________________, 2019,
<br />granting to Grantor rights and responsibilities to construct and maintain a dike within the City of San
<br />Leandro’s Water Pollution Control Plant property.
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<br />Section 5. Hold Harmless
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<br /> Grantee shall indemnify, defend, reimburse and hold harmless Grantor, and each of its
<br />employees, officers, agents, contractors, heirs, successors, and assigns, from and against any and all
<br />claims, demands, legal or administrative proceedings, losses, penalties, fines, liens, liabilities, judgments,
<br />damages, and costs of any kind (“Claims”) arising out of or relating to the Property, excluding any Claims
<br />to the extent they result from Grantor’s intentional wrongful acts or negligence.
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