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and replacing stormwater facilities (herein, collectively, the "Facilities") within the Easement Area. The <br />exercise and nature of the rights granted herein shall be at the sole discretion of the GRANTEE. <br />GRANTOR agrees not to excavate or fill land or build, construct, place or permit any landscaping, <br />planting, pavement, building or other structure or item upon or within the Easement Area or the Real Estate <br />in a manner which would interfere witll the activities and purposes of GRANTEE as set forth herein or to <br />otherwise conduct activities or use the Real Estate in a mamner which would interfere with the activities <br />and purposes of GRANTEE as set forth herein. Further, GRANTOR shall not cause or permit others to <br />remove or willfully alter the Facilities. <br />The GRANTEE shall, at all times, have the right to access the Easement Area and Facilities and to <br />ingress and egress over the Real Estate to enter upon the Easement Area to do all things necessary for the <br />activities and purposes set forth lierein, including, but not limited to, the use of vehicles, equipment, <br />materials and machinery within the Easement Area and their transportation across the Real Estate to access <br />the Easement Area for the activities and purposes set forth herein. GRANTEE agrees to repair or replace, <br />if necessary, any damages to the surface of the Real Estate disturbed by reason of or in connection with the <br />activities and purposes herein granted, so that said Real Estate will return to substantially the same condition <br />in which it was found prior to the commencement of such activities and purposes, per the attached <br />landscaping plan (Exhibit "B"), except that after the period of the initial project construction GRANTEE <br />shall not be required to.replace any trees within the Easement Area which are damaged at any time, nor <br />shall it be required to replace any landscaping installed within the Easement Area after the initial <br />construction of the said Facilities and subsequently disturbed by GRANTEE in connection with the <br />activities and purposes herein granted to it. <br />Northeast Ohio Regional Sewer District - Permanent Stormwater Easement <br />Page 2 of 5