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• • <br />fire department to report a fire or to Oregon Department of Forestry to report a <br />fire and until adequate fire personnel are on scene, Eugene will provide escort or <br />guidance to fire department responders to the fire scene. <br />8. Representation. Giustina makes no representation as to the present or <br />future condition of its real property or the character of traffic on the Road. Eugene <br />assumes all risk of damage to its property or injury to itself, employees, contractors, <br />agents and invitees arising out of the condition of Giustina's real property or the type of <br />traffic on any of the Road except as may be caused by the negligent act or omission of <br />or imposed by law upon Giustina. Eugene acknowledges that it must share the use of <br />the Road with heavy industrial log traffic. <br />9. Termination. <br />9.1. Although the term of this Agreement is for five years, in the event it <br />is not used by Eugene for a period of two years, or if otherwise abandoned by <br />Eugene, the Agreement shall automatically expire and Eugene shall upon <br />request execute a recordable document evidencing such expiration. <br />9.2. Eugene may terminate this Agreement at any time by delivering to <br />Giustina a document in recordable form stating that this Agreement is terminated <br />effective on a date following delivery. <br />10. Transfer of Interests; Binding Effect. <br />10.1. Eugene may not grant licenses of its rights under this Agreement. <br />Users of the communication facilities other than Eugene and its agents and <br />contractors, shall have no right to use the Road unless they have entered into a <br />separate agreement with Giustina. <br />10.2. This Agreement shall inure to the benefit of and shall be binding <br />upon not only the parties hereto but also upon their respective heirs, successors, <br />representatives and assigns in accordance with the terms hereof. Provided, <br />however, that nothing contained in this paragraph shall alter the restrictions <br />above relating to assignment. <br />11. Default. Time and specific performance are the essence of this <br />Agreement. Eugene shall be in default of this Agreement if: <br />It fails to pay any sum of money required to be paid within twenty (20) <br />days after it is due; or <br />It fails to comply with any term or fulfill any obligation under this <br />Agreement, other than the payment of money, within thirty (30) days after <br />written notice by Giustina. If such default is of a nature that cannot be <br />completely remedied within a thirty (30) day period, this provision shall be <br />complied with if Eugene begins correction of the default within the thirty <br />EASEMENT AGREEMENT - 4 <br />Revised 8/19/2005 <br />