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<br />TEMPORARY CONSTRUCTION EASEMENT AND pERMANENT <br />MAINTENANCE EASEMENT FOR TRAFFIC CONTROL EQUIPMENT ON <br />LAND CONVEYED TO EMRO MARKETING COMPANY. <br />This non-exclusive sub-surface easement, granted this day of <br />June , 1993, by Emro Marketing Company, hereinafter called <br />"Grantor", 500 Speedway Drive, Enon, Ohio 45323, to the City of North <br />Olmsted, hereinafter called "Grantee", 5200 Dover Center Road, North Olmsted, <br />Ohio 44070. <br />WI'I'NESSETH: <br />That Grantor, for and in consideration of the mutual premises and covenants herein, and other <br />good consideration, dces hereby give, grant, convey, and release to the said Grantee, or its duly <br />authorized agents or contractors, permission to enter upon its land defined by County Auditor <br />as Permanent Parcel 232-26-16 and use that part labeled "Easement Area" and measured <br />approximately 17' x 47' as described in Exhibit A, and as shown in Exhibit B, attached hereto, <br />only for the purpose of installing and maintaining traffic control equipment, subject to conditions <br />(a), (b), (c), and (d) below: <br />(a) Whenever the exercise of this easement right results in the <br />disturbing of the surface of the easement property, said surface <br />shall, as soon as reasonably possible, be restored by Grantee at <br />Grantee's cost and expense and returned to substantially its same <br />condition which existed prior to said exercise of said easement <br />right. <br />(b) Grantor reserves the right for itself and its successors and assigns <br />to occupy and use the within describe easement premises for any <br />and all purposes whatsoever not inconsistent with this easement. <br />(c) Grantor reserves the right, at Grantor's expense, to relocate the <br />easement premises and the facilities installed therein provided the <br />relocated easement can reasonably be used for its intended purpose <br />by Grantee. Grantor may exercise this right by giving Grantee <br />sixty (60) days prior written notice of the intention to relocate the <br />easement. <br />(d) Grantee, for itself and its successors and assigns, covenants with <br />Grantor, its successors and assigns, that Grantee will defend <br />Grantor, assume all liability for, and pay and indemnify and save <br />harmless Grantor, its successors and assigns from and against any <br />and all damages, injuries, losses, claims, demands and suits, <br />including reasonable attorney fees, which Grantor, its successors