03/12/2001 Council Packet - Laserfiche WebLink

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• • • employees, contractors, licensees, and invitees; (ii) Grantor's interference with Qwest's use and enjoyment of the Easement Tract and/or the Access Route; (iii) the maintenance or repair of the Access Route; (iv) any negligent or willful act or omission of Grantor; or (v) the failure of Grantor to comply with the terms of this Agreement. 8. Limitation on Liability. Notwithstanding anything to the contrary in this agreement, neither Grantor nor Qwest shall be liable to any person or entity for indirect, consequential or punitive damages for any matter arising hereunder. 9. Grantor's Retained Rights. Grantor reserves the right of ownership, use, and occupancy of the Easement Tract insofar as said ownership, use, and occupancy does not impair the rights granted to Qwest in this Agreement. However, Grantor shall not use or occupy the Easement Tract, the Access Route or the Total Property in any manner that impairs the rights granted to Qwest in this Agreement. Without limiting the foregoing, it is understood and agreed by Grantor that no building, structure, or other improvements of any kind may be placed by Grantor on the Easement Tract or the Access Route; provided, however, that Grantor may install asphalt paving and curbing, cement surface sidewalks and curbs, sod, and other landscaping on the Easement Tract or the Access Route (the "Improvements "), so long as the same do not interfere with Qwest's use of the Easement Tract or the Access Route. Any such Improvements on the Easement Tract or the Access Route shall not be installed until Grantor has obtained Grantee's prior written consent, which consent shall not be unreasonably withheld or delayed. 10. Ownership. Grantor warrants that it is the fee simple owner of the Easement Tract and that it has the right to grant the Easement herein and will warrant and defend title to the property against all claims. 11. Binding Effect. The rights, obligations, conditions and provisions of this Agreement will inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. The Easement will run with the land as to all property benefited or burdened, including any division or partition of such property. 12. Assignment. Qwest may assign, apportion, sell, convey or otherwise transfer all or any part of this Agreement and the Easement granted herein to any Affiliate (as defined below), without Grantor's approval. As used herein, "Affiliate" means any corporation or entity which controls, is controlled by, or is under common control with, Qwest, or any corporation or entity which results from a merger or consolidation with Qwest or with any entity that controls Qwest. No transfer or assignment of stock of Qwest, or any controlling interest in Qwest, whether by sale, merger, exchange or other means, shall constitute an assignment of this Agreement. 13. Dispute. Any claim, controversy or dispute between the parties will be resolved by binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. Sections SITE # EASEMENT REVISED 8/9/00 3