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<br />2.05 RIGHT OF ENTRY <br /> <br />(a) In any circumstances where the Grantor is granted a right of entry on the Premises during the <br />term of the Agreement, no such entry shall constitute an eviction or disturbance of the <br />Grantee's use and possession of the Premises, a breach by the Grantor of any of its <br />obligations hereunder, render the Grantor liable for damages for loss of business or <br />otherwise, entitle the Grantee to be relieved from any of its obligations hereunder, grant the <br />Grantee any right of off-set or recoupment, or other remedy. <br /> <br />(b) In exercising any right of entry, the Grantor agrees to exercise its right of entry only at <br />reasonable times (except in an emergency) for purposes of inspection, repair, and as <br />necessary to protect the State's interests, and the Grantor agrees not to unreasonably interfere <br />with the Grantee's authorized use of the Premises. The Grantee shall provide the Grantor <br />with keys or combinations to all locks that may limit access to the Premises. <br /> <br />(c) Further, the Grantee authorizes the State, its officers, agents, representatives, and employees <br />to access the Premises over and across Grantee's Adjacent Property. Grantor agrees to use <br />the Adjacent Property only to the extent and for the length of time necessary to provide <br />access to and from the Premises. The foregoing authorization creates a license only, and <br />does not create an easement over the Adjacent Property. <br /> <br />~l <br /> <br />....l. <br /> <br />~~~l <br />~dJ <br /> <br />(d) <br /> <br />Grantee acknowledges that Grantor's right of ingress and egress shall remain in effect as <br />long as any improvements placed on the Premises by Grantee remain on the Premises and/or <br />as necessary for Grantor to confirm the removal (in whole or in part) of those improvements. <br /> <br />(e) <br /> <br />Any aforementioned right of entry shall survive the termination of this Contract. <br /> <br />2.06 DAMAGE OR DESTRUCTION OF PREMISES AND/OR IMPROVEMENTS <br /> <br />No damage to the Premises, or damage to or destruction of any Improvements, shall in any way <br />alter, affect, or modify the Grantee's obligations under this Agreement. In the event any such <br />damage or destruction exceeds the cost listed under the "Cost of Damage" section of Attachment A <br />per event to repair, the Grantee shall give written notice to Grantor within seven (7) calendar days of <br />the damage or destruction, including a description of the damage or destruction and, as far as known <br />to the Grantee, the cause of the damage or destruction. The Grantee shall immediately remove all <br />debris resulting from such damage or destruction and take such action as is necessary to place the <br />Premises in a neat, safe condition. Within 90 days of the event causing the damage or destruction, <br />the Grantee must either repair or replace the Improvements, if permitted by law, or return the <br />Premises to their natural condition. The Grantor may make repairs or replacements pursuant to this <br />section, whereupon the Grantee shall be liable to pay the Grantor, upon demand, the cost and <br />expense incurred in accomplishing such action. Any failure by the Grantee to make such payment to <br />the Grantor may be treated by the Grantor as an Event of Default. <br /> <br />ARTICLE III: <br /> <br />TERM <br /> <br />The effective date and termination date of this Agreement are specified under the "Effective and <br />Termination Dates" section of Attachment A, unless renewed or earlier terminated as provided herein. <br />Unless otherwise specified herein, renewal of this Agreement is at the sole discretion of the Grantor. <br /> <br />CE20050 145 <br />cenewp.doc <br />adabney <br /> <br />5 <br /> <br />CUSTOMER 10: C000000895 <br />