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<br /> I. Grant. Parcel B Owner g-ants a nonexclusive easement and right-of-way to Parcel A Owner
<br /> and Parcel A Owner's successor;and assigns as the owner of Parcel A to use the Driveway and the Easement
<br /> Property as a joint driveway for ingress aid egress to Town Hall Road from Parcel A.
<br /> 2. Permitted Users. The easement granted in Section 1,above,may be used by the Parcel A
<br /> Owner and its tenants,employers,customers,and invitees in common with Parcel B Owner and its tenants,
<br /> employees,customers,and invitees.
<br /> 3. Initial Construction Costs. Either Parcel A Owner or Parcel B Owner(the Constructing
<br /> Party)may construct the Driveway at its sole expense. At such time as the party other than the Constructing
<br /> 7 Party(the Non-Constructing Party)commences construction of any building on the property owned by the
<br /> Non-Constructing Party, which building is to be served by the Driveway,the Non-Constructing Party shall
<br /> pay to the Constructing Party one-half of the Constructing Party's documented costs incurred in the
<br /> construction of the Driveway.
<br /> 4. Maintenance Costs. Until any building is constructed on the Non-Constructing Party's
<br /> property, the Constructing Party shall bear all expense of maintaining, repairing, and removing snow and
<br /> debris from the Driveway. Follcwing issuance of a building permit for any building constructed on the Non-
<br /> Constructing Party's property(or,if no bui..ding permit is issued,then following the beginning of construction
<br /> of any such building), Parcel A Owner ar.d Parcel B Owner shall bear all maintenance expenses equally.
<br /> Unless Parcel A Owner and Parcel B Owner agree otherwise,all maintenance,repair,and removal shall be
<br /> perfonned by Parcel B Owner, and Parcel A Owner agrees to promptly pay its share of the expenses of
<br /> a maintenance,repair,and removaa incurred by Parcel B Owner within 30 days of billing for the expenses. If
<br /> 3 Parcel A Owner does not promptly pay it:; share, Parcel B Owner may pay the full cost and then have an
<br /> immediate right to reimbursement from Parcel A Owner,together with interest at the rate of 6%per year on
<br /> the unpaid amount and all reasonable attorney fees and other collection costs incurred by Parcel B Owner.
<br /> Repairs and maintenance shall bz.performed at such times and in such a manner as are mutually agreeable to
<br /> the parties. If the parties are unable to agree within 10 days of a written request by one or the other on the
<br /> need for the repair or maintenance,then the matter shall be referred,upon either party's request,to arbitration.
<br /> 7 5. Indemnity. Parcel A Owner and Parcel B Owner shall mutually indemnify the other Owner
<br /> 2 and its officers,agents,and employees frora all liability,suits,actions,claims,costs,damages,and expenses
<br /> 7 of every kind and description, including court costs and legal fees, for claims of any character, including
<br /> liability and expenses in connection with the loss of life, personal injury, or damage to property, brought
<br /> because of any injuries or damages received or sustained by any person,persons,or property on account of or
<br /> arising out of the use of Parcel B,the Easement Property or the Driveway by the other Owner or its agents,
<br /> J contractors,subcontractors,invi:ees,or employees. Parcel A Owner and Parcel 13 Owner agree that the Town
<br /> A of Springdale shall be absolved from any responsibility for or involvement in any dispute resolution between
<br /> the parties.
<br /> 6. Insurance. Parcel A Owner and Parcel B Owner shall each maintain in effect at all times
<br /> during the term of this Agreement a policy of commercial general liability insurance naming the other Owner
<br /> and any other party designated by Parcel A Owner or Parcel B Owner as the insured,to insure against injury
<br /> to property, person, or loss of life arising out of the other Owner's use, occupancy, or maintenance of the
<br /> Easement Property or the Driveway with limits of coverage that are at levels customarily maintained by
<br /> businesses in the community in which the Easement Property is located. For each year in which this easement
<br /> is in effect,Parcel A Owner and Parcel B C wner shall provide each other and the other parties designated by
<br /> them with a copy of the insurance policy endorsement or wording showing that Parcel B Owner and Parcel A
<br /> Owner and the other parties have been added as additional insureds. The policy shall contain a supplemental
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