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(f) This Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the Grantor or by the Grantor by way of consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the Grantor shall not be unreasonably withheld or delayed; (h) All due dates and/or deadlines referenced in this Agreement that occur on a weekend or holiday shall be considered as if occurring on the next business day; (i) All time periods in this Agreement shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (j) Time is of the essence in this Agreement. ARTICLE II: GRANTING CLAUSE 2.01 GRANTING CLAUSE ..:J. uJ: .:.1 . I" .. ,",..,Jilt : ~.. .r ., 1- In consideration of the payments stated in Article IV of this Agreement and other consideration stated therein, the receipt and sufficiency of which are hereby acknowledged, and according to the covenants and commitments herein agreed to be kept and performed by the Grantee, the Grantor grants to the Grantee the right to use the Premises for the purposes and under the conditions and obligations described in the following section of this Agreement. 2.02 SCOPE OF GRANTING CLAUSE The Grantee's use of the Premises IS subject to compliance with the following covenants, obligations, and conditions: (a) Use The Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises" section of Attachment A and for no other purpose. Except as otherwise provided in this Agreement, the Premises are to remain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is specifically prohibited from modifying the Premises in any manner not authorized in this Agreement and from using, or allowing the use by others, of the Premises for any other purpose. (b) Trash The Grantee shall be responsible for the removal and disposal of all trash at the Premises, whether or not such trash is generated by the Grantee or its guests and invitees. CE20050145 cenewp.doc adabney 2 CUSTOMER ID: C000000895