Grantor grants to Grantee the exclusive right and license to use the Easement Area for the
purposes of constructing, installing and maintaining a passenger waiting shelter and ancillary
facilities such as seating, bicycle racks and trash receptacles (collectively referred to herein as
the “Shelter’’). The Shelter shall be used solely as a public transit passenger waiting shelter.
Grantee shall bear sole responsibility for construction and installation of the Shelter in a
safe manner and shall indemnify Grantor against any loss, damage, expense or liability resulting
from such construction and installation of the Shelter or failure of Grantee to comply with its
responsibilities hereunder. Grantee shall own the Shelter.
Grantor shall bear sole responsibility for maintenance of the Easement Area and the
Shelter in a safe manner and shall indemnify Grantee against any loss, damage, expense or
liability resulting from such maintenance of the Easement Area and the Shelter or failure of
Grantor to comply with its maintenance responsibilities hereunder. Such maintenance shall
include snow and ice removal.
This Easement shall include the right of access from, to and across Grantor’s Property for
all purposes in connection with the exercise of the within granted rights and easement; the right
to excavate, trench, and backfill by men or machines and temporarily to place excavated earth
and other material on said Property, provided that the said Property shall be restored by the
Grantee to substantially the condition in which it was immediately prior to such access,
excavation, trenching, and backfilling subject to Grantee’s rights herein; the right to plant, trim,
cut down and remove bushes, trees and other plant growth on the Property as and to such extent
as in the judgment of the Grantee is necessary for any of the above purposes; and the right to
place route, scheduling and advertising on the Shelter.
This Easement shall be governed exclusively by the laws of the State of New Hampshire
and any claim or action brought relating to this Easement shall be brought in Hillsborough
County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th
Circuit Court—Nashua and not elsewhere.
Subject to easements, restrictions, and reservations of record.
This transfer is exempt from transfer tax pursuant to N.H. RSA 78-B: 2, I.
IN WITNESS WHEREOF, Grantor has caused this Easement to be duly executed this
day of , 2021.
