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<br />officers, directors, shareholders, ag,,~r~s,employees, affiliates, tenants, contractors,
<br />subcontractors, licensees, invitees and assigns (i) the right to use the Easement Areas and
<br />Easement Improvements in common with the public use thereof, (ii) the right of access
<br />and ingress and egress over and through the Easement Areas and Easement Improvements
<br />including, without limitation, the right to extend Maine Parkway into the Property, the
<br />right to construct and install other public and private streets, roadways, curbs, curbcuts,
<br />sidewalks, pathways and infrastructure related thereto, underground public services
<br />including underground electric, telephone, water, gas, cable television and sanitary sewer
<br />lines and storm drains, and public or private waterways over, under, in and through
<br />portions of the Easement Areas including, without limitation, the Alternative Inland
<br />Easement Area and eiii) the right to use and enjoy the Easement Areas for any other
<br />purpose or use not inconsistent with this Agreement.
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<br />3. Maintenance, Repairs and Replacements. Effective upon the date of
<br />recording of this Agreement, the City (i) shall assume all responsibility and liability for
<br />the repair and maintenance of the Easement Areas and for the construction, installation,
<br />repair, maintenance, replacement and reconstruction of the Easement Improvements and
<br />(ii) shall execute and deliver to BCDC a Partial Assignment of BCDC Permit No. 6-94
<br />(as amended) under which the City accepts the assignment of the BCDC Permit as it
<br />relates to the Property from RSP, assumes all obligations under the BCDC Permit as it
<br />relates to the Property and agrees to be bound by all of the terms and conditions of the
<br />BCDC Permit as it relates to the Property. Without limiting the foregoing, the City, at the
<br />City's sole cost and expense, shall periodically inspect, maintain, repair and reconstruct
<br />the Easement Improvements and the Easement Areas to insure their safe operation. If any
<br />portion of the Easement Areas or the Property is damaged by reason of the City's
<br />maintenance, repair and reconstruction of the Easement Improvements and the Easement
<br />Areas, the City shall promptly repair, reconstruct and restore such damaged portion of the
<br />Property to substantially its condition prior to such damage.
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<br />4. Mechanic's Liens and Removal of Liens. The City shall keep the Easement
<br />Areas and the Property free and clear of all design professional's, mechanic's or
<br />materialmen's liens which may arise out of any maintenance and repair work and any
<br />other activities or work on the Easement Areas or the Easement Improvements performed
<br />by the City. To the extent any such liens are recorded against the Easement Areas or the
<br />Property or any part thereof, the City shall cause such lien to be released and removed
<br />within thirty (30) days of such filing and/or recording, either by satisfaction or by the
<br />posting of a release bond in the amount required by statute.
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<br />5. Insurance. At all times during the term of this Agreement the City shall
<br />obtain and maintain comprehensive general liability insurance on an occurrence (as
<br />opposed to any claims made) basis from a company and in fOD11 and substance reasonably
<br />satisfactory to RSP in an amount of not less than $1,000,000 per occurrence, naming RSP
<br />(or its successor-in-title to the Easement Areas) as an additional insured, and requiring at
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