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i <br />damages sustained by GRN1vTEE in connection therewith. GRANTEE also accepts such <br />Easement Area subject to rights of any party, including GRANTOR, in and to any roadways, <br />easements, leases and permits, whether granted, at GRANTOR's sole discretion, either prior to <br />or after the date of this Easement Agreement except that any subsequent grant shall not <br />unreasonably interfere with GRANTEE'S use of the Easement Area. <br />GRANTEE agrees to provide to GRANTOR or other tenants of GRANTOR access over <br />across, and through the Easement Area should such access be deemed necessary by <br />GRANTOR. GRANTEE accepts said Easement Area subject to the right of GRANTOR, its <br />employees, agents, permittees, lessees, and contractors when reasonably necessary to walk <br />upon said Easement Area to repair adjacent property and the right of GRANTOR, its employees, <br />agents, permittees, lessees, and contractors to temporarily place equipment upon the property <br />when reasonably necessary for the purpose of maintaining, repairing, inspecting or constructing <br />upon GRANTOR's property. <br />13. Ifi is mutually understood and agreed that this instrument covers all the agreements <br />and stipulations between the parties and that no representation or statements, verbal or written, <br />have been made modifying, adding to or changing the terms hereof. <br />14. The terms of this agreement are subject to the rights of the State of Minnesota <br />contained in Agreement between Hennepin, Carver and McLeod County Regional Railroad <br />Authorities and the State of Minnesota dated December 23, 2002 (MnDot Agreement No. <br />84001, HCRRA No. A06072) and Mortgage of Hennepin County Regional Railroad Authority to <br />the State of Minnesota (HCRRA No. A06062) dated November 14, 2002. <br />15. This easement agreement and the rights and obligations of GRANTEE contained <br />i <br />herein shall not be assigned to or assumed by others without the express written consent of <br />GRANTOR. <br />This instrument is exempt from the Minnesota Deed Tax. <br />THIS PORT[ON OF THE PAGE INTENTIONALLY LEFT BLANK <br />i <br />5 <br />