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<br />DRAFT OS/20/08 <br />2. GRANTOR does hereby grant and convey to the GRANTEE, its contractors <br /> <br />and/or other agents, permission to be exercised during the period of construction of the <br /> <br />Project to enter upon the Property described in Attachment "A." To have and to hold said <br /> <br />Temporary Construction Easement for the purpose of constructing the Project. <br /> <br />3. This easement shall expire upon substantial completion of the construction by <br /> <br />the GRANTEE of the Project. <br /> <br />4 GRANTEE agrees to execute and record an instrument vacating this <br /> <br />Temporary Construction Easement upon completion of the Project referenced in paragraph <br /> <br />3 above. <br /> <br />5. GRANTOR does hereby covenant with the GRANTEE that it is lawfully seized <br /> <br />and possessed of the Property and that it has good and lawful right to convey this <br /> <br />easement. <br /> <br />6. The GRANTEE shall be responsible for all damage or injury to property of <br /> <br />any character during the prosecution of the work, resulting from any act, omission, neglect <br /> <br />or misconduct in the GRANTEE's manner or method of executing the construction <br /> <br />improvements, or at any time due to defective work or materials, and the responsibility <br /> <br />shall not be released until the work shall have been completed and accepted. When or <br /> <br />where any direct or indirect damage or injury is done to private property by or on account of <br /> <br />any act, omission, neglect or misconduct in the execution of the work on the GRANTEE's <br /> <br />part, the GRANTEE shall restore, at its own expense, such property to a condition similar <br /> <br />or equal to that existing before such damage or injury was done, by repairing, rebuilding, or <br /> <br />otherwise restoring as may be directed, or the GRANTEE shall make good such damage <br /> <br />Page 2 of 6 <br />