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Parking Facilities that RPC has the right to use in the Easement Area at the time that HRA
<br />terminates this Agreement.
<br />NOW THEREFORE, in consideration of the above recitals and other good and valuable
<br />consideration, the receipt and sufficiency of which are acknowledged, HRA and RPC hereby
<br />covenant and agree as follows:
<br />Section 10.Recitals. The foregoing recitals are true and correct and are incorporated
<br />herein by reference.
<br />Section 11.Grant of Parking Easement. Subject to the terms and conditions of this
<br />Agreement, including without limitation the termination right of HRA in Section 7.2, and subject
<br />to any covenants, conditions, restrictions, easements or other matters of record, HRA grants RPC
<br />a non-exclusive, appurtenant easement over the Easement Area to use, maintain, repair and
<br />replace and to allow RPC's tenants and RPC's and RPC's tenants' employees, guests and
<br />invitees (hereinafter the "Permitted Users") to use the Existing Improvements located in the
<br />Easement Area for 54 vehicle parking spaces (the "Parking Easement"). The Parking Easement
<br />is appurtenant to the RPC Property. HRA reserves the right, at HRA's sole cost and expense, to
<br />reconfigure the 54 parking spaces within the Parking Easement; provided HRA may not, as a
<br />part of any such reconfiguration, reduce the number of parking spaces within the Easement Area
<br />to less than 54 parking spaces.
<br />Section 12.Grant of Access Easement. Subject to the terms and conditions of this
<br />Agreement, including without limitation the termination right of HRA in Section 7.2; subject to
<br />the right of HRA to restrict and confine the easement as described below; and subject to any
<br />covenants, conditions, restrictions, easements or other matters of record, HRA grants RPC a non-
<br />exclusive, appurtenant easement to use and to allow the Permitted Users to use the Easement
<br />Area for vehicular ingress and egress between the RPC Property and Sapphire Street and for
<br />pedestrian access between the Easement Area and the RPC Property ("Access Easement"). The
<br />Access Easement is appurtenant to the RPC Property. HRA reserves the right to record one or
<br />more amendments to this Agreement from time to time, without the consent or joinder of RPC,
<br />to restrict and confine the Access Easement to a drive lane of not less than 24 feet in width.
<br />Section 13.Conditions of Use. During the term of the Parking Easement and the Access
<br />Easement, RPC must, at RPC's sole cost and expense, (a) maintain the Easement Area, as the
<br />same may be expanded pursuant to Section 7.1, in a clean and safe condition, including without
<br />limitation resurfacing, restriping, cleaning and removing snow from the Existing Improvements
<br />and the Expanded Parking Improvements, if any; (b) promptly repair and restore any damage to
<br />the Existing Improvements and the Expanded Parking Improvements, if any; (c) replace the
<br />Existing Improvements and Expanded Parking Improvements, if any, as reasonably necessary;
<br />(d) comply with all laws, regulations, rules, orders, statutes, or ordinances of any governmental
<br />entity in effect on or after the date hereof and applicable to the Parking Easement and Access
<br />Easement, as the same may be expanded; (e) if any taxes are assessed against the HRA Property
<br />due to the Parking Easement or the Access Easement, as the same may be expanded, or RPC's
<br />use of the Existing Improvements or the Expanded Parking Improvements, if any, reimburse
<br />HRA for any such taxes assessed against the HRA Property; (f) defend and indemnify HRA
<br />against any third party allegations and claims arising out of one or more Permitted User's use of
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