Cross-Access Agreement Sample Clauses

Cross-Access Agreement. Prior to the end of the Inspection Period, Westerville and Middlefield shall agree in good faith upon the form and substance of a cross-access and maintenance agreement to govern the manner of access across the drive aisles as they may exist from time to time on the Westerville Parcel and the balance of the Parent Parcel, which shall include the right in Middlefield to construct the access drives and curb cuts to the extent they have not then been completed. Westerville and Middlefield acknowledge that the cross-access easements shall allow clear and unobstructed access to and from each parcel to the curb cuts providing access off of Altair Parkway and Xxxxxx Crossing, but that there shall not be any cross-easements for parking. The curb-cuts available to the Property shall be right-in/right-out access to and from Altair Parkway, left in access from Altair Parkway and full access to and from Xxxxxx Crossing. Further, each owner of the Westerville Parcel and the balance of the Parent Parcel shall be responsible for all maintenance of the access areas located on their respective parcels, with the right of self-help if an owner does not maintain the access area located on such owner’s parcel and the right to charge and lien the non-performing Party. The cross-access and maintenance agreement shall then be executed at Closing and recorded. If the event Westerville and Xxxxxxxxxxx are unable to agree upon the form and substance of the cross-access and maintenance agreement prior to the end of the Inspection Period, then this Agreement shall, at either Party’s option by notice to the other Party prior to the Inspection Deadline, terminate and be of no further force or effect except as specifically set forth in this Agreement.