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<br />.- <br /> <br />the Fifth Street easement and the Sixth Street Easement shall be referred to as the "Reserved <br />Easements"). <br /> <br />WHEREAS, Grantee is the owner of the real property subject to the Reserved Easements. <br /> <br />WHEREAS, Grantor has constructed and maintains certain underground conduits within the <br />Reserved Easements which contain telecommunications cables and wires (the "Conduit System"). At <br />this time, Grantor has no aerial or other above ground structures, poles or wires within the Reserved <br />Easements. Further, there are no manholes accessing or servicing the underground conduits within <br />the real property owned by Grantee. <br /> <br />WHEREAS, Grantee has agreed to convey the property subject to the Reserved Easements to the <br />State of California for the construction of a courthouse. <br /> <br />WHEREAS, Grantor agrees to modify some terms of the easements and convey the encroachment <br />over the Reserved Easements as amended under the terms and conditions set forth below. <br /> <br />Grant of Encroachment. <br />Grantor hereby irrevocably grants to the Grantee, its successors and assigns, the right to encroach <br />upon and over the Reserved Easements for the purposes of constructing and maintaining a courthouse <br />or other publicly owned or used structure, provided, that such right shall be exercised by Grantee and <br />its successors and assigns in such manner as will not in any way endanger or interfere with the use, <br />operation, or maintenance, or require the protection, relocation, or rearrangement of the Conduit <br />System. Grantor expressly understands and agrees that the Grantee intends to convey the real <br />property burdened by the easement to the State of California, or a department, agency or entity <br />thereof, for the purposes of constructing and maintaining a courthouse. <br /> <br />Conditions of Encroachment. <br />Grantee and its successors and assigns shall defend, indemnify and hold harmless Grantor and its <br />officers, agents, employees, contractors, and associated and affiliated companies and their respective <br />officers, agents, and employees ("Indemnitees") from and against any and all losses, damages, <br />expenses, costs, penalties, fines, fees (including reasonable attorneys' and consultants fees), and <br />liabilities arising out of or in any way connected with damage to the Conduit System that is caused by <br />Grantee's exercise of the rights granted by this agreement. <br /> <br />Amendment of Reserved Easements. <br />Grantor hereby relinquishes and abandons all above ground and aerial rights contained in the <br />Reserved Easements, including any and all access rights of Grantor to maintain, service, replace or <br />repair the Conduit System or the cables or wires contained from the surface of the real property <br />burdened by the Reserved Easements as such rights are no longer necessary or useful in the <br />performance of Grantor's duties to the public. <br /> <br />Grantor hereby relinquishes and abandons those portions of the Reserved Easements which do not <br />currently contain any part of the Conduit System as of the date of this amendment as such portions of <br />the Reserved Easements are no longer necessary or useful in the performance of Grantor's duties to <br />the public. <br /> <br />2 <br />