affected, and each provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
Section 7. Dedication. Nothing herein contained shall be deemed to be a gift or dedication of
any part of the real estate affected hereby to the public or for any public purpose whatsoever, it
being the intention of the parties that this Agreement shall be strictly limited to and for the purpose
herein expressed.
Section 8. Termination; Amendments. This Agreement may not be terminated, released,
relocated, modified or amended in whole or in part except by written instrument executed by the
parties hereto and of each and every mortgagee and mortgage holder under any mortgage covering
all or any part of the Land. This Agreement contains the entire agreement of the parties with
respect to its subject matter.
Section 9. Governing Law. This Agreement shall be construed and governed in accordance
with the laws of the State of New Hampshire.
Section 10. Counterparts. This Agreement may be executed in one or more counterparts, all
of which, when taken together, constitute one and the same instrument.
Section 11. |. No Waiver. No waiver of any condition or agreement in this Agreement by any
party shall imply or constitute a further waiver by such party of the same or any other condition or
agreement, and any such waiver must be in writing to be effective.
Section 12. | Maintenance and Snow Removal. 141 Property Owner shall be responsible for the
repair, replacement and maintenance of and the snow and ice removal from the 141 Access
Easement and City Access Easement. The City may, but is not required to, remove winter snow
and ice from said easements in order to maintain the City’s access to City facilities. The City
may, but is not required to, preform repairs, maintenance or replace improvements or
landscaping in said easements and shall be reimbursed by 141 Property Owner for any and all
such costs.
Section 13. Notice and Approval. Each party shall provide prior written notice of any work,
including plans, to the other and, subject to section 14 below, receive approval from the other
party prior to commencing any work allowed by this Agreement and the work shall be done at a
mutually agreeable time. Approval shall not be unreasonably withheld by either party. Routine
maintenance and snow and ice removal! are exempt from this provision.
Section 14. Relocation. Each party reserves the right to relocate, in its sole discretion, the
easements on its land at its sole expense and with prior written notice of such relocation to, and
the reasonable approval of, the other party. The City acknowledges and agrees that it will not be
unreasonable for the 141 Property Owner to object to a relocation of the 141 Access Easement if
such relocation would unreasonably interfere the ability of a tractor trailer truck to access the
rear of the “Existing 1 Story Warehouse Building” as shown on the Easement Plan in the area
facing the 141 Access Easement Area.
