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" (a) A non-exclusive easement and covenant shall exist for the benefit of the Northtown Parcel permitting the Owner of the Northtown Parcel a right of access upon and use of the Council Parcel for all purposes reasonably necessary to permit the Owner of the Northtown Parcel to perform its obligations and exercise its rights under this Agreement. It is anticipated that one of the Bus Shelters shall be constructed over the property line between the Council Parcel and the Northtown Parcel and it is therefore acknowledged that this easement and covenant shall include rights to support for such Bus Shelter and utility access as specified and approved in the approved Plans, as well as a non-exclusive right of access to, and use of, the Transit Hub Improvements by the Owner of the Northtown Parcel and its invitees. (b) A covenant shall exist for the benefit of the Northtown Parcel which prohibits the erection or placement of any signage, banners, or other advertising or promotional materials upon any portion of the Council Parcel that is not expressly permitted pursuant to Section 4.6 of this Agreement. (c) A covenant shall exist for the benefit of the Northtown Parcel which restricts or prohibits the construction and conduct of all retail, commercial~ or other improvements and activities upon the Council Parcel except the Transit Hub Improvements, replacement public transit facilities, or a surface parking lot. (d) An easement and covenant shall exist for the benefit of the NorthtO\vn Parcel, pennitting a non-exclusive right of vehicul.ar access across and parking for passenger automobiles upon any portion of the Council Parcel that has been improved as a surface parking facility; provided, the easement and covenant contemplated by this Section 3.3( d) shall be subject to the right of the Owner of the Council Parcel, following the occurrence of the Transit Tennination Date, to construct and operate replacement public transit facilities upon the Council Parcel. 3.4 Northtown Grant of Right of Entry. The Owner of the Northtown Parcel grants to the ACRRA and the Council the right to enter onto that portion of the surface parking lot of and access driveways to the Mall that is adjacent to the Northtown Parcel with such personnel; equipment, and materials as is reasonably necessary for the purposes of perfonning their obligations or exercising their rights under this Agreement. 11tis right of entry is irrevocable during the period of twenty (20) years following the Transit Commencement Date and shall be exercised in a manner that does not unreasonably disrupt the routine conduct of business in and around the Mall. ARTICLE IV MAINTENANCE 4.1 Circulation Area. Northtown shall do routine da.y to day maintenance of the Circulation Area, consisting solely of sweeping, picking up litter and debris, trash removal, snow removal and ice control, maintaining the landscaping, and traffic lane -7- 8 'd lGV6'oN ^30 ~~08 3NIVlS Al18 ~V6g:11 [OOG '08'AON