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and the legal description of Parcel B shall continue to encompass the Public Parking Facility. Each party hereby grants the other a perpetual easement for any encroachment which occurs in connection with or as a result of such natural or normal subsidence or other movement. Section 5. Use of Easements. The use of the easements granted pursuant to this Agreement is subject to the conditions stated below. These conditions are general in nature and are subordinate to any specific language contained in the section creating a given easement. a. In the exercise of any the rights granted under any easement, there shall be no unreasonable interference with the use of the parcel of the party granting the easement beyond that necessary to fulfill the stated purpose of the easement, or as otherwise specified. Except in the case of emergency repairs where such notice is not practicable, reasonable notice shall be given before the exercise of a right under the Developer Repair Easement or the City Repair Easement or a right relating to repair under the Developer Utility Easement and/or the City Utility Easement. b. The right to use the Developer Access Easement, the Vehicular Access Easement and/or the Pedestrian Public Parking Facility Access Easement may be extended by the holder of such easement to its customers, invitees, employees, tenants (and the customers, invitees and employees of the tenants), subtenants, suppliers, agents and contractors, and in the case of the Vehicular Access Easement and the Pedestrian Public Parking Facility Access Easement to the general public. c. The right to use the Developer Utility Easement and/or the Developer Repair Easement may be extended by the Developer for the use by its employees, subtenants, concessionaires, suppliers, agents, contractors and to any person who is a tenant in the Retail Cinema and their respective employees, subtenants, concessionaires, suppliers, agents or contractors. d. The right to use the City Utility Easement and/or the City Repair Easement may be extended by the City for the use by its employees, concessionaires, suppliers, agents or contractors. e. Any exercise by the Developer of its rights under easements granted hereunder is subject to the normal City review, processing and permit procedures and nothing contained herein shall be deemed an agreement to waive or modify such processes and procedures. Section 6. Maintenance of Easements. a. All utility lines and other equipment installed or used in connection with the Developer Utility Easement which pass through or are installed in the Public Parking Facility for the benefit of the Retail Cinema will be maintained and repaired at no expense to the City. REDW\0002\007 -9PREF. DOC 6\25\04 1130 law 6 -" -"