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Grantor fiirther hereby grants, gives and conveys to Grantee, for the benefit of <br />Grantee's Property, a nonexclusive, perpetual easement for parking, utilities, ingress and egress <br />purposes over a portion of Grantor's Property shown on the map attached hereto as Exhibit <br />"DG" (the "Easement 2"}. {Collectively and hereinafter sometimes referred to as the <br />"Easements"). <br />Grantee fiirther acknowledges the existing Access and Utility Easement <br />Agreement entered into between the Grantor and the Progressive Casualty Insurance Company <br />on or about September 7, 2011 recorded as document 201109070384 granting to Progressive the <br />same or similar use of this area. <br />2. Duration. The Easements are granted in perpetuity and shall run with the land so <br />as to be forever binding upon the parties hereto and their respective successors <br />and assigns. <br />-~3.. Maintenance. <br />a}Easement 1. <br />ems. All maintenance of Easement .l, excluding snow removal, shall be <br />performed by Grantor, at its sole cost and expense. Such maintenance shall be <br />accomplished in a manner to keep the same in good and safe condition and not <br />inhibit the free flow of vehicular or pedestrian traffic across Easement 1. If <br />Grantor fails to keep Easement 1 in a good and safe condition, Grantee may <br />notify Grantor of the maintenance necessary, and if Grantor fails to commence the <br />necessary maintenance within thirty (30) days after receipt of written notice from <br />Grantee, Grantee shall have the right to perform the same and submit the costs to <br />Grantor for payment, which payment shall be made by Grantor within thirty (30) <br />days of any such receipt. Grantee shall be responsible for the removal of snow <br />in Easement 1 area until the earlier to occur of {i) such time as the roadway <br />portion of Easement 1 becomes a dedicated public street, and (ii) such time as the <br />roadway portion of Easement 1 is opened for access to the east of Easement 1, at <br />which time snow removal shall become the responsibility of Grantor. <br />b) Easement <br />All maintenance of Easemea~t B sLal! be performed by Grantee at its sole cost <br />and e~ense. <br />4. 4. Repairs and Replacements. <br />a} Easement 1. <br />Grantor shall bear the costs of repair and replacement of the paved, concrete or gravel <br />areas located within Easement 1. Such repair and replacement shall be accomplished <br />in a manner to keep the same in good and safe condition and not inhibit the free flow <br />of vehicular or pedestrian traffic across Easement 1 unless otherwise agreed to in <br />advance by all the parties. If Grantor fails to keep Easement 1 in a good and safe <br />condition, Grantee may notify Grantor of the repair or replacement necessary, and if <br />Grantor fails to commence the necessary repair or replacement within thirty (30) days <br />after receipt of written notice from Grantee, Grantee shall have the right to perform <br />Rev.2.17.12 2 <br />