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<br />2.04. Grantee acknowledges and agrees that when any authorized improvements are placed on the Premises, the
<br />location of such improvements shall thereby become fixed at such location and shall not be changed except by a
<br />written amendment to this Agreement.
<br />
<br />2.05. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND
<br />ACCEPTS THE SAME "AS IS", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. GRANTEE
<br />ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION, STATEMENT OR OTHER
<br />ASSERTION OF GRANTOR WITH RESPECT TO THE CONDITION OF THE PREMISES, BUT IS RELYING ON
<br />GRANTEE'S OWN INSPECTION OF THE PREMISES. GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF
<br />HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER
<br />EXPRESS OR IMPLIED WARRANTY NOT EXPRESSLY SETFORTH IN THIS EASEMENT. GRANTOR AND
<br />GRANTEE HEREBY ACKNOWLEDGE AND AGREE THAT THE USE OF THE TERM "GRANT" AND/OR THE
<br />TERM "CONVEY" IN NO WAY IMPLIES THAT THIS EASEMENT IS FREE OF LIENS, ENCUMBRANCES
<br />AND/OR PRIOR RIGHTS. GRANTEE IS HEREBY PUT ON NOTICE THAT ANY PRIOR GRANT AND/OR
<br />ENCUMBRANCE MAY BE OF RECORD AND GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE
<br />ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS A VENUE,
<br />AUSTIN, TEXAS 78701-1495, AND ALL LAND TITLE RECORDS OF THE COUNTY IN WHICH THE PREMISES
<br />ARE LOCATED.
<br />
<br />ARTICLE III. Term
<br />
<br />3.01. This Easement is for a total period of five (5) years, beginning February 1,2005, and terminating on January 31,
<br />2010, unless earlier terminated as provided in this Easement.
<br />
<br />ARTICLE IV. Rent
<br />
<br />4.01. As consideration for the granting of this Easement, Grantee agrees to pay Grantor as consideration ("Rent"), the
<br />total sum of Zero And 00/100 Dollars ($.00). This Rent is payable on or before the first day of each "Easement Year"
<br />(as such phrase is defined in Section 4.02), in five (5) annual installments of Zero And 00/100 Dollars ($.00).
<br />
<br />4.02. For the purposes of this Easement, the phrase "Easement Year" means the period from February 1 of one year
<br />through January 31 of the following calendar year, with the first Easement Year commencing on February 1,2005.
<br />
<br />4.03. All Rent and any other sums hereunder provided to be paid by Grantee shall be due and payable by Grantee
<br />without demand, deduction, abatement or off-set. Past due Rent and other past due payments shall bear interest from
<br />maturity at the rate often percent (10%) per annum from the date when due until actually paid. Failure of Grantee to
<br />make a payment on or before the date the same becomes due shall, at the option of Grantor, make all payments due and
<br />payable immediately.
<br />
<br />ARTICLE V. Taxes
<br />
<br />5.01. Grantee shall, as further consideration for this Easement, pay and discharge all "Taxes" (as hereinafter defined)
<br />properly assessed in any calendar year (or portion thereof) during the term of this Easement. For the purposes of this
<br />Easement, the term "Taxes" means all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other
<br />sums (whether now existing or hereafter arising, whether foreseen or unforeseen and whether under the present system
<br />of real estate taxation or some other system), which during the term of this Easement may be levied, assessed, charged
<br />or imposed by any governmental authority or other taxing authority or accrue on the Premises and any Improvements
<br />or other property thereon, whether belonging to Grantor or Grantee, or to which either of them may become liable in
<br />relation thereto. The term "Taxes" shall also include all penalties, interest and other charges payable by reason of any
<br />delay or failure or refusal of Grantee to make timely payments as required pursuant to this Section 5.01.
<br />
<br />5.02. Grantee agrees to and shall protect and hold harmless Grantor and the Premises from liability for any and all
<br />Taxes, together with any interest, penalties or other sums thereon imposed, and from any sale or other proceeding to
<br />enforce payment thereof.
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