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3 <br />5 <br />7 <br />9 <br />11 <br />13 <br />15 <br />17 <br />19 <br />21 <br />23 <br />25 <br />27 <br />29 <br />31 <br />33 <br />35 <br />37 <br />39 <br />41 <br />43 <br />45 <br />47 <br />49 <br />the Easement Area to the condition that existed prior to the granting of the easement, to GRANTOR's <br />satisfaction. In the event of such removal and /or abandonment, GRANTEE shall execute and record in the <br />Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of <br />this easement from title to the Easement Area. <br />RELOCATION (PMES4.1 N) <br />GRANTEE agrees that in the event the Distribution Facilities at any time interfere with the use, repair, or <br />improvement of GRANTOR's property, GRANTEE shall, within two (2) years of receipt of written notice from <br />GRANTOR, relocate said facilities to a site within GRANTOR's property, at GRANTEE's cost. The relocation <br />site, relocation costs, scheduling, and coordination shall be mutually approved by GRANTOR and <br />GRANTEE. GRANTEE shall furnish GRANTOR with a revised document containing terms and conditions <br />similar to those contained herein. <br />8. REVISION OF LEGAL DESCRIPTION (PMES4.3 S) <br />In the event that attached "Exhibit A" is subsequently found to inaccurately describe the location of said <br />facilities, the parties agree that a revised "Exhibit A" will be prepared and recorded which will replace and <br />supersede said "Exhibit A." Said revision of Exhibit "A" will not affect, alter or change this Agreement. <br />Furthermore, this Agreement shall be deemed to be amended and will relate back and be in place as of the <br />initial date of this Easement Deed and Agreement prior to said revision of "Exhibit A." Said revision shall be <br />accomplished by recording an amendment to this agreement after approval of the revised exhibits by the <br />City Engineer or designee. <br />9. EXCEPTIONS AND RESERVATIONS (PMES7.1 S) <br />GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial <br />rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of <br />the rights and easements herein granted. Upon the effective date of this Agreement, or any easement <br />relocation as mentioned hereinabove, GRANTOR shall not place or permit any improvements on the <br />Easement Area which will interfere with the reasonable full enjoyment by GRANTEE of the easement rights <br />hereby granted. <br />This grant is subject to all matters of record including but not limited to contracts, leases, licenses, <br />easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and <br />claims of record or apparent or of which GRANTEE has actual notice which may affect the Easement Area, <br />and the use of the word "grant" herein shall not be construed as a covenant against the existence of any <br />thereof. <br />10. SUCCESSORS AND ASSIGNS (PMES13.1 S) <br />The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, <br />executors, administrators, and assigns of the parties hereto. <br />11. CALENDAR DAYS (PMES14.1 S) <br />Any reference to the word "day" or "days" herein, shall mean calendar day or calendar <br />days, respectively, unless otherwise expressly provided. <br />n <br />