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under, or along a fifteen foot ( 15 ') wide right-of-way extending from the nearest public <br /> right-of-way, N. Hwy. AIA, to the demised premises . The demised premises and right of <br /> way for ingress and egress and right of way for utilities (hereinafter collectively referred <br /> to as the "Premises") are as described herein in Exhibit A attached hereto and made a part <br /> hereof, and as shown on that certain survey attached hereto and incorporated herein as <br /> Exhibit B . In the event any public utility is unable to use the aforementioned <br /> right-of-way, the LESSOR hereby agrees to grant an additional right-of-way either to the <br /> LESSEE or to the public utility at no cost to the LESSEE. <br /> 3 . The Commencement Date of the Agreement, of which this is a Memorandum, is defined <br /> as the first ( 0) day of the month following the date the Agreement is executed by the <br /> parties or the first ( I 't) day of the month following the date LESSEE is granted a building <br /> permit by the governmental agency charged with issuing such permits, whichever event <br /> occurs last; provided, however, in no event shall the Commencement Date occur later <br /> than the first ( Is`) day of the month following the date that is three (3 ) months after the <br /> date the Agreement is executed by the Parties . <br /> 4. The terms, covenants and provisions of the Agreement, the terms of which are hereby <br /> incorporated by reference into this Memorandum, shall extend to and be binding upon the <br /> respective executors , administrators, heirs, successors and assigns of LESSOR and <br /> LESSEE. <br /> [Remainder of Page Intentionally Left Blank] <br /> [Signatures On Next Page] <br /> 2 <br />