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Notwithstanding anything to the contrary contained herein, Grantee shall promptly repair or <br />replace any damage to the Easement Area, using materials that are of equal or greater quality than the <br />materials damaged or destroyed, including the gate and fence located within the Easement Area, or <br />any property adjacent thereto owned by Grantor, caused solely and directly by Grantee, or any of its <br />employees, officers, directors, agents, contractors or any party acting on behalf of Grantee, in <br />performing any activities under the terms of the Easements. <br />In the event that after the date this easement is recorded, Grantor dedicates the Access Easement <br />Area and/or Aerial Easement Area to the public as road right-of-way, the Access Easement and/or Aerial <br />Easement, as applicable, shall automatically terminate as to the portion dedicated to the public as road <br />right-of-way. <br />Grantor covenants that Grantor is the fee simple owners of the Easement Areas, and that the <br />Easement Areas are free and clear of liens, encumbrances and third -party rights and/or claims of any kind. <br />[This space is intentionally left blank] <br />1Sianature and acknowledgements appear on following pages] <br />