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'i <br />MAY 2 0 2003 <br />AT &T's Right to Terminate AT &T may terminate this easement at any time upon one <br />written notice to the City. Upon any such termination AT &T shall restore all sites where <br />construction or other surface work is performed to the original condition. <br />4. Conditions As consideration for the easement granted herein, Grantee agrees: <br />> 40 '7 <br />4.1 To pay City Four Dollars:,($4.00) annually for each linear foot,of th easement to be _ <br />paid. on or before the 1 st of May each year as long as the easement is in effect, so long as such rate <br />is imposed on all other occupiers of similar easements on a non - discriminatory, competitively neutral <br />basis; <br />4.2 Not to cut any trees in the easement or elsewhere on the property described in Exhibits <br />A & B without first obtaining required permits from City; <br />4.3 To conduct all construction, installation and maintenance in accordance with City of <br />Eugene ordinances, codes, administrative rules, permits and construction specifications approved <br />by the City; <br />4.4 To restore all sites where construction or other surface work is performed to the original <br />condition; <br />4.5 To subscribe to a utility notification and locate service, and to locate and avoid all <br />utilities within the construction area and repair or replace any utilities which may be damaged due <br />to the construction or location of Grantee's facilities or to pay costs for repairing such damage; <br />4.6 To obtain all required permits before construction or disturbance of land, provided that <br />such request shall not be unreasonably denied; <br />4.7 To relocate its facilities at its own expense, with no claim for reimbursement from City, <br />if Grantee's facility shall unnecessarily inconvenience the public or interfere with City's facilities <br />so long as City's facilities are consistent with all ordinances or covenants controlling such sites; <br />4.8 To use its easement in a manner that will not conflict with City's and City residents' use <br />of the property described in Exhibits . A & B as a City park; and <br />4.9 To comply with all requirements of federal, state and local laws relating to any work or <br />construction performed on the easement or elsewhere for purposes of installing or maintaining <br />facilities on the easement. <br />5. Indemnity Grantee agrees to indemnify and hold City harmless from all claims, demands, <br />actions or procee m arising from or related to Grantee's activities undertaken under authority of <br />, <br />OdU� MAY / ��� <br />Easement or Ten Years and Agreement <br />for Commercial Use of Municipal Property - 2 <br />