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Exhibit D to construct a drive aisle (the "Project #I") pursuant to certain plans and specs provided by Grantee (the "Plans and Specs") to Grantor at least sixty (60) days prior to the proposed Construction Commencement Date defined in Section 2 to be approved by Grantor, which approval shall not be umeasonable withheld. Grantee shall construct the Improvements (the "Construction") in conformance with the Plans and Specs at its sole cost and expense, subject only to immaterial modifications which do not affect the size, location or quality of the Improvements. Grantee shall promptly repair or replace any property of Grantor damaged by the Construction and, upon completion of the Construction, shall (a) provide Grantor with an architect's certificate certifying that the Improvements were constructed in accordance with the Plans and Specs, (b) provide unconditional lien waivers to Grantor with respect to all labor and materials provided to the Grantor Property and (c) retum Easement Area #1 to substantially the same condition as it existed prior io the Construction of Project #l, subject to any alterations contemplated in the Specs and Plans. Grantee, the Contractor (as defined below) or their appropriate agents shall secure, maintain and comply with all required licenses, permits and certificates (collectively, the "Permits") necessary [o lawfully perform the Construction. Grantee shall, upon Grantor's request, provide Grantor copies of the Permits prior to the commencement of Project # I; and (b) a construction easement to enter upon, under, and across Easement Area #2 legally described on Exhibit C and depicted as the crosshatched areas on Exhibit C and Exhibit D for Grantee to demolition the west access to 4'~' Street and to constrict certain above ground improvements (`'Project #2) pursuant to certain plans and specs provided by Grantee (the "Plans and Specs") to Grantor at }east sixty (60) days prior to the proposed Construction Commencement Date detned in Section 2 to be approved by Grantor, which approval shall not be unreasonable withheld. Grantee shall construct the above ground improvements, which shall be identified in writing by Grantee and provided with the Specs and Plans to Grantor for approval, which shall not be unreasonably withheld, in conformance with the Plans and Specs at its sole cost and expense, subject only to immaterial modifications which do not affect the size, location or quality. Grantee shall promptly repair or replace any property of Grantor damaged during the use of Easement Area #2 and, upon completion of Project #2, shall (a) provide Grantor with an architect's certificate certifying that Project #2 was constructed in accordance with the Plans and Specs, (b) provide unconditional lien waivers to Grantor with respect to all labor and materials provided to the Grantor Property and (c) return Easement Area #2 to substantially the same condition as it existed prior to the commencement of Project #2, subject to any alterations contemplated in the Specs and Plans. Grantee, the Contractor (as defined below) or their appropriate agents shall secure, maintain and comply with all required licenses, permits and certificates (collectively, the "Permits") necessary to lawfully perform the Construction. Grantee shall, upon Grantor's request, provide Grantor copies of the Permits prior to the commencement of Project #2. Section 2. Term of Easement Grantor and Grantee acknowledge that as of the date of this Agreement, Grantee has not determined a date certain in the fuhire when all constriction and demolition described in this Agreement shall commence and end and that Grantor is willing to provide this Agreement so long as Grantee provides Grantor: a) written notice of the anticipated 4351-363?-6785? Z