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r � 201306404 maintained on the Easement Area so as to impair the free flow of vehicular traffic thereon; provided, however, this restriction shall not apply to the existing gate between the North Easement Area and E. Fonner Park Road so long as Grantor provides Grantee and its employees, agents, contractors, invitees, licensees and tenants, reasonable means by which to open and close such gate. 6. Covenants to Run with Land. It is intended that the easements, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited and burdened hereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit and burden of the respective parties and their successors, assigns,heirs, and personal representatives. 7. Indemnification. Grantee shall indemnify and hold Grantor harmless from and against all claims, liabilities, and expenses relating to accidents, injuries, loss, or damage to any person or property arising from or in any manner relating to the use by Grantee of the Easement except as may result from the negligence or intentional misconduct of Grantor, its employees, agents,contractors, invitees, licensees and tenants. 8. Not a Public Easement. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of Grantor's Property or Grantee's Leased Property. 9. Waiver and Consent. By their signatures to the "Waiver and Consent" attached hereto, each of the undersigned, on behalf of themselves and their successors and assigns, hereby consents to this Easement on the North Easement Area and waives any rights it may have with respect to the City's Leased Property inconsistent with the rights of Grantee as set forth herein. 10. Merger. There shall be no merger of this Agreement or of the Easement hereby created with the fee estate in the Grantor's Property, the leasehold interest in the City's Leased Property, or any part thereof by reason of the fact that the same person, firm, corporation, or other legal entity may acquire or hold, directly or indirectly, this Easement or any the leasehold estate and the fee estate in the Grantor's Property or any interest in such fee estate without the prior written consent of Grantee. 11. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the subject matter hereof. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to or termination of this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 12. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee including all successor owners of the Grantor's Property and Grantee's Leased Property. Any party may file this instrument in the public record. [Signature Page and Waiver and Consent Follows.] 00527896