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4. Owner has the lawful right and authority, without restriction, to convey the <br />easement as herein granted, that the easement is not subject to any other interest other than <br />the interests of Mellon Bank N.A., a mortgagee on the Property who has consented to this <br />Agreement, and that the Easement Area is embraced wholly within the Property. <br />5. In the event that use of the Easement Area is at anytime discontinued by the <br />City, the City shall have the right, but not the duty, to enter further upon the Easement Ares <br />and remove all or any portion of the Public Improvement which has been placed upon, over <br />or under the Easement Area. <br />6. The easement herein granted shall not affect the determination, application or <br />calculation of lot area, lot depth, lot width, lot coverage, building setback or yard <br />requirements, and other zoning, subdivision and land use Ordinances in the Orono City Cod'. <br />7. The terms, provisions and easements provided herein shall inure to the benefit <br />of and be binding upon the heirs, legal representatives, successors and assigns of the Owner, <br />The covenants, agreements and easements contained herein shall be deemed to run with, <br />burden and benefit the Property. <br />IN WITNESS WHEREOF, this Agreement has been executed as of the day and yeu' <br />first above written, subject to all of the terms and conditions herein set forth. <br />CITY OF ORONO <br />Its: �'/��i� <br />And by: _ <br />Its: <br />OWNER: <br />VCI CAPITAL, INC., f/k/a Van Dale <br />Companies, Inc., f/k/a VEDA, Inc. <br />By• <br />Its: <br />And by: <br />Its: <br />267/22125048 1/8/97 <br />