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The following terms and conditions shall apply to the Access Easement: <br /> (1) Current Driveways. <br /> a. Repairs and Maintenance. <br /> i. Repairs and maintenance of all of the Grantor's current asphalt driveway as <br /> shown on Exhibit"A"shall be shared between the Grantor and the Grantee. <br /> ii. Repairs and maintenance of a portion of the Grantor's current gravel <br /> driveway as shown on Exhibit "A" shall be shared between the Grantor <br /> and the Grantee. <br /> b. Optional Construction. At its option, Grantee, may improve or upgrade at its <br /> expense the existing gravel and asphalt driveways on the portion of the Access <br /> Road Easement in such general locations as shown on Exhibit "A" to connect to <br /> Texas Ranch to Market Road 12. After improvements of such driveway, repairs <br /> and maintenance of such driveway or driveways shall be shared between Grantor <br /> and Grantee. <br /> (2) Additional Construction and Maintenance. Additional construction of new driveway(s) or <br /> driveway improvements as shown on Exhibit "A" shall be at the expense of the Grantee. <br /> (3) Additional Conditions. <br /> a. Both parties, agree that neither will use nor permit any use of the Access Easement <br /> which would in any way damage either properties; provided, however, <br /> unobstructed passage of persons, vehicles, equipment and/ or machinery by both <br /> parties, is expressly permitted in the utilization of the Access Easement. Each party <br /> has the right to eliminate any encroachments into the shared portions of the gravel <br /> and asphalt driveways of the Access Road Easement. <br /> b. The shared portions of the gravel and asphalt driveways within the Access <br /> Easement will be inspected after initial construction and at least once a year by both <br /> parties. <br /> c. Debris and litter accumulated in and around the Access Easement will be removed <br /> during each inspection or on such other basis as may be required. <br /> d. Both parties will be responsible for record keeping of inspections, maintenance, <br /> and repairs for the driveway(s) within the Access Easement. <br /> e. Both parties will designate personnel to perform inspections, maintenance and <br /> repairs and will notify the other party in the event of any inspections, maintenance, <br /> and repairs of the shared portions of the gravel and asphalt driveways within the <br /> Access Easement. <br />