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1. The Facilities shall at all times be located be- <br />neath the surface of the Easement Area. <br />2. Grantee shall keep and maintain the Facilities in <br />good, safe condition and repair and in compliance with all appli- <br />cable laws at no expense to Grantor. <br />3. Grantee shall exercise due care not to injure or <br />damage any improvement in exercising Grantee's right of entry. <br />4. Except in an emergency, Grantee shall enter upon <br />the Easement Area on weekdays during normal business hours. <br />5. Any construction, maintenance, inspection and re- <br />pair by the Grantee shall be performed with diligence and in a <br />manner so as not to interfere unreasonably with Grantor's use and <br />enjoyment of Grantor's property adjacent to the Easement Area. <br />Upon completion of any construction, maintenance, inspection and <br />repair, Grantee shall at its expense restore and repair the Ease- <br />ment Area and the surface thereof so that it is in the same con- <br />dition as existed prior thereto. <br />Grantor, its successors and assigns, shall not place, <br />or permit to be placed, on the Easement Area any structure, shall <br />not plant any tree in the Easement Area and shall not change the <br />existing surface elevation (grade) of the Easement Area by more <br />than one (1) foot without obtaining the prior written consent of <br />Grantee, but otherwise Grantor reserves the right to use the sur- <br />face of the Easement Area, subject to the right of entry granted <br />to the Grantee herein. <br />IN WITNESS WHEREOF, Grantor has executed this Grant of <br />Easement on the i'� day of LC ;'Y'S`&4� 1992. <br />WALNUT CREEK CANNING CO., <br />a California corporation <br />By: <br />P. e s 1, re,& <br />By: n_,At44T <br />"Grantor" <br />(to be notarially acknowledged) <br />Approved as to Form <br />Donahue, Galogher, Thomas & Woods <br />13y TTL� <br />— 2 — 9/4/92 <br />