07-1776 Purchase Agreement & Temporary Access License - Siebert Trust

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2. GRANTOR does hereby grant and convey to GRANTEE, its contractors and/or other agents, a temporary, revocable, non-exclusive license in, on, across and through the License Area for the sole purposes of completing the following construction work: (i) performing surveys necessary to establish construction and staging areas and designating such areas by the installation of construction fencing or screening, (ii) performing engineering assessments and evaluation, and (iii) constructing the roundabout infrastructure improvements for the Siebert Trust Parcel(s), located at 6 Jackson Court and Melody Lane, associated with the Project, including irrigation and landscaping, In no event shall this License allow GRANTEE to use any other portion of the Siebert Trust property for any purpose whatsoever, 3. GRANTEE agrees to defend, protect, indemnify and hold harmless GRANTOR with respect to any and all liabilities, claims, actions, suits, injunctions, costs, expenses, liens and other legal and equitabie proceedings (including reasonable attorneys' and other professionals' fees), resulting from or relating to the use or occupancy of the License Area by the GRANTEE or arising in any manner out of the acts or omissions of the GRANTEE or its agents or employees or any other persons acting under the GRANTEE's direction or control in connection with the License or with the use or occupancy of the License Area, save and except claims and litigation arising through the gross negligence or willful misconduct of GRANTOR. With respect to claims arising during the term hereof, and regardless of when the claim is actually filed, this indemnification shall survive the expiration or termination of this License. Further, when or where any direct or indirect damage or injury is done to the License Area or any other private property whether owned by GRANTOR or some other third party by or on account of any act, omission, neglect or misconduct in the execution of the work on GRANTEE's part contemplated by this License, GRANTEE shall restore, at its sole cost and expense, such property to a condition equal to or better than as existed before such damage or injury was done, by repairing, rebuilding, or otherwise restoring such property as may be directed by GRANTOR. 4. TERM. The term of this License shall commence on the date hereof and shall terminate on the earlier of (i) the date GRANTEE completes all of the work required related to the roundabout infrastructure improvements at 6 Jackson Court and Melody Lane, associated with the actual construction of the Project, or (ii) the closing date GRANTOR conveys via Fee Simple ownership to GRANTEE a Warranty Deed for said Siebert Trust Parcel, Exhibit A, and conveys to GRANTEE a Temporary