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NOW, THEREFORE, for and in consideration of the mutual ~
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benefits hereunder and all mutual covenants and conditions ~
contained herein, the Grantors do hereby grant and convey to ~
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Kimco, far such period of time as Kimco may require the use i
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of the Facilities, or until the use thereof is ab andoned by ?
Kimco, the non-exclusive right, privilege and easement on, over,
across, through and under their respective portions of the
Easement Area, to (1) construct the Facilities; (2) maintain the ;
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Facilities; and (3) attain ingress and egress to and upon their ~
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respective portions of the Easement Area for the purpose of {
exercising the rights and privileges herein granted. The
Grantors' respective portions of the Easement Area are described
in Schedule "B" attached hereto and made a part hereof.
Kimco and the Grantors agree as follows:
A. Kimco sha11 have the right but not the obligation
to inspect the Facilities at any time or from time to time, i
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together with the rights and privileges necessary and convenient i
thereto. ;
B. Grantors shall not utilize the areas in which the ;
Facilities are located in any way or manner which would:
1. Create a dangerous condition with respect
i to the Facilities; or ;
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~ Z. Create any interference with the repairs
~ and safe maintenance thereof.
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~ C. Each and every Interestec~, ~arty covenants and :
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agrees to indemnify and save harmless any and all Interested Parties
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~ against and from a11 expenses, liabilities, obligations, damages, ~
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~ penalties, claims, costs and expenses, suffered or incurred as a ;
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~ result of any breach by said Interested Party, its agents,
~ contractors, servants, employees of any covenant or condition of
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~ this Agreement or the I$ M Agreement, or as a result of said
~ Interested Party's use and occupancy of the Facilities, or the
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~ negligence by the Interested Party, its agents, contractors,
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~ servants or employees.
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