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2015 B11% VIDL PC,
<br /> 102628 W 1565 �
<br /> (d) Adjacent Property:
<br /> (i) The Premises are located adjacent to property that is owned by the Grantee or in which the Grantee has a
<br /> possessory interest (the "Adjacent Property") and is fitrther described under the "Adjacent Property" section of
<br /> Attachment A;and
<br /> (ii) If the Grantee is divested of its interest in the Adjacent Property, the Grantor may terminate this Agreement
<br /> • ••= upon ten(10)days written notice to the Grantee.
<br /> ••• (e) Special Conditions: The Grantee shall adhere to the special conditions, if any, listed under the "Special
<br /> ...... Conditions"section of Attachment A.
<br /> .•.. 2.03 As Is: THE GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES
<br /> •
<br /> •••• AND ACCEPTS THE SAME "AS IS," IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE, GRANTEE
<br /> ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION OF
<br /> THE GRANTOR WITH RESPECT TO THE CONDITION OF THE PREMISES,BUT IS RELYING ON THE GRANTEE'S OWN
<br /> •• •• INSPECTION OF THE PREMISES. THE GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY,
<br /> .' MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER EXPRESS OR IMPLIED
<br /> WARRANTY NOT EXPRESSLY SETFORTH IN THIS AGREEMENT. THE USE OF THE TERM "GRANT" IN NO WAY
<br /> IMPLIES THAT THIS AGREEMENT IS FREE OF LIENS,ENCUMBRANCES,AND/OR PRIOR RIGHTS. THE GRANTEE IS
<br /> PUT ON NOTICE THAT OTHER GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD, AND THE GRANTEE IS
<br /> ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GLO AND RECORDS OF
<br /> THE COUNTY IN WHICH THE PREMISES ARE LOCATE,D.
<br /> 2.04 RESERVATIONS: THE. GRANTOR RESERVES THE FULL USE OF THE PREMISES AND ALL RIGHTS WITH
<br /> RESPECT TO ITS SURFACE AND SUBSURFACE FOR ANY AND ALL PURPOSES EXCEPT FOR THOSE GRANTED TO THE
<br /> GRANTEE. THE AFOREMENTIONED RESERVED FULL USE OF THE PREMISES BY THE GRANTOR INCLUDES THE
<br /> RIGHT OF INGRESS, EGRESS, AND USE OF THE PREMISES BY THE GRANTOR, ITS OFFICERS, AGENTS,
<br /> REPRESENTATIVES,EMPLOYEES,AND OTHERAUTHORIZED USERS FOR ANY AUTHORIZED PURPOSE.
<br /> 2.05 RIGHT OF ENTRY
<br /> (a) In any circumstances where the Grantor is granted a right of entry on the Premises during the term of the
<br /> Agreement, no such entry shall constitute an eviction or disturbance of the Grantee's use and possession of the
<br /> Premises,a breach by the Grantor of any of its obligations hereunder,render the Grantor liable for damages for loss of
<br /> business or otherwise, entitle the Grantee to be relieved from any of its obligations hereunder, grant the Grantee any
<br /> right of off-set or recoupment,or other remedy.
<br /> (b) In exercising any right of entry,the Grantor agrees to exercise its right of entry only at reasonable times(except
<br /> in an emergency)for purposes of inspection, repair,and as necessary to protect the State's interests, and the Grantor
<br /> agrees not to unreasonably interfere with the Grantee's authorized use of the Premises. The Grantee shall provide the
<br /> Grantor with keys or combinations to all locks that may limit access to the Premises.
<br /> (c) Further, the Grantee authorizes the State, its officers, agents, representatives, and employees to access the
<br /> Premises over and across Grantee's Adjacent Property. Grantor agrees to use the Adjacent Property only to the extent
<br /> and for the length of time necessary to provide access to and from the Premises. The foregoing authorization creates
<br /> a license only,and does not create an easement over the Adjacent Property.
<br /> (d) Grantee acknowledges that Grantor's right of ingress and egress shall remain in effect as long as any
<br /> improvements placed on the Premises by Grantee remain on the Premises and/or as necessary for Grantor to confirm
<br /> the removal(in whole or in part)of those improvements.
<br /> (e) Any aforementioned right of entry shall survive the termination of this Contract.
<br /> 2.06 DAMAGE OR DESTRUCTION OF PREMISES AND/OR IMPROVEMENTS: NO DAMAGE TO THE PREMISES,OR
<br /> DAMAGE TO OR DESTRUCTION OF ANY IMPROVEMENTS, SHALL IN ANY WAY ALTER, AFFECT, OR MODIFY THE
<br /> GRANTEE'S OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT ANY SUCII DAMAGE OR DESTRUCTION EXCEEDS
<br /> THE COST LISTED UNDER THE "COST OF DAMAGE" SECTION OF ATTACHMENT A PER EVENT TO REPAIR, THE
<br /> GRANTEE SHALL GIVE WRITTEN NOTICE TO GRANTOR WITHIN SEVEN (7) CALENDAR DAYS OF THE DAMAGE OR
<br /> DESTRUCTION, INCLUDING A DESCRIPTION OF THE DAMAGE OR DESTRUCTION AND, AS FAR AS KNOWN TO THE
<br /> GRANTEE,THE CAUSE OF THE DAMAGE OR DESTRUCTION. THE GRANTEE SHALL IMMEDIATELY REMOVE ALL DEBRIS
<br /> CL20140007 3 Customer]D:0000000895
<br /> srodrigu CL NeivP_090114
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