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acknowledged, the parties hereto, do hereby covenant and agree as follows: <br />1. The foregoing recitals shall be and are hereby incorporated into and made <br />a part of this Agreement. <br />2. GRANTOR does hereby grant and convey to the GRANTEE, its contractors <br />and other agents, permission to enter upon the Easement Area described in Exhibit "2" <br />for the construction and installation of the Improvements. <br />3. This Temporary Construction Easement shall expire upon completion of the <br />Improvements. <br />4. GRANTEE agrees to execute and record an instrument vacating this <br />Temporary Construction Easement upon completion of the construction of the <br />Improvements. <br />5. GRANTOR does hereby covenant with the GRANTEE that it is lawfully <br />seized and possessed of the Property herein described and that it has good and lawful <br />right to convey this easement, free of mortgages, liens and other encumbrances. <br />6. When or where any direct or indirect damage or injury is done to the <br />Easement Area by or on account of any act, omission, neglect or misconduct in the <br />execution of the work on the GRANTEE's part, the GRANTEE shall restore, at its own <br />expense, such Easement Area to a condition similar or equal to that existing before such <br />damage or injury was done, by restoring the Easement Area, normal wear and tear <br />excepted. <br />7. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement <br />between the parties hereto with respect to the transactions contemplated herein, and it <br />supersedes all such prior understandings or agreements between the parties. <br />Page 2 <br />