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1. Right to Sewer and Water Use. The Owner hereby grants to the Parcel A <br /> Owner the right to use the sewer and water lines and related improvements, <br /> including the two (2) wells (the "Sewer and Water Improvements") currently <br /> installed on Owner's Property. Such use shall be subject to all applicable laws <br /> and regulations. The approximate location of the Sewer and Water <br /> Improvements is set forth on Exhibit B attached hereto. The Sewer and Water <br /> Improvements are installed on the Remainder Property and Parcel A, and each <br /> owner shall be entitled to the joint use thereof as provided in this Easement. The <br /> Remainder Owner shall perform any necessary maintenance, repair or <br /> replacement of the Sewer and Water Improvements to keep the same in good <br /> working condition. The costs of the maintenance and operation of the Sewer <br /> and Water Improvements shall be paid by the Remainder Owner and the Parcel <br /> A Owner in proportion to each party's use thereof. In the event the Remainder <br /> Owner fails to perform necessary maintenance and repair of the Sewer and <br /> Water Improvements, and such failure continues for five (5) business days after <br /> the Remainder Owner's receipt of written notice of such failure from the Parcel A <br /> Owner, then the Parcel A Owner shall have the right to perform such <br /> maintenance and repair. The owner performing necessary maintenance and <br /> repair hereunder shall be reimbursed by the other owner within ten (10) days of <br /> receipt of an invoice for such party's share of the costs, or, if such costs or a <br /> portion thereof are known in advance, each party shall deposit with the <br /> contractor or other applicable party its share of anticipated costs. The <br /> Remainder Owner and the Parcel A Owner each grant to the other the right to <br /> enter each party's property for the purpose of performing necessary repair, <br /> maintenance or replacement of the Sewer and Water Improvements in <br /> accordance with the provisions hereof. Such entry shall be conducted in a <br /> manner which interferes with the use of the property so entered as little as <br /> possible and any work shall be performed expeditiously and continuously to <br /> completion. <br /> 2. Term; Replacement. The rights and obligations set forth in Paragraph 1 <br /> above shall continue in effect until such time as a replacement sewer or water <br /> system is installed which separately serves the Remainder Property and Parcel <br /> A, at which point such rights and obligations shall terminate. Either owner may <br /> relocate or otherwise modify that portion of the Sewer and Water Improvements <br /> which are located on their respective property as long as the same water and <br /> sewer capacity which existed for the other owner prior to such modifications is <br /> maintained thereafter. <br /> 3. Grant of Easement. The Parcel A Owner hereby grants to the Remainder <br /> Owner an easement (the "Easement") for pedestrian and vehicular ingress and <br /> egress purposes for the owners, users, customers and invitees of the Remainder <br /> Property over and through that portion of Parcel A which is described on Exhibit <br /> C attached hereto (the "Easement Area"). The Parcel A Owner shall maintain <br /> the Easement Area in good condition and such area, unless the need for repair <br /> is caused by the negligence or misuse of the Remainder Owner or its tenants, <br /> contractors or invitees, in which case the Remainder Owner shall pay for such <br />