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200000132 enjoin by ex parte, temporary, and/or permanent injunction, such violation and to require the restoration of the Premises to their prior condition, or in the alternative, representatives of the Grantee, its successors or assigns, may enter upon the Premises, ' correct any such violation, and hold Grantor, his successors and assigns, responsible for the cost thereof. Grantee, its successors and assigns, shall also have available all legal and equitable remedies to enforce Grantor's obligations hereunder, and in the event Grantor is found to have violated any of his obligations, Grantor shall reimburse Grantee, its successors or ' assigns, for any costs or expenses incurred in connection therewith, including court cost and attorneys fees . 2• Grant of Development Rights. The Grantor hereby grants to the Grantee on behalf of Grantor and Grantor's successors and assigns the Grantor's unused development rights in the Property. The term "development rights" shall be understood to refer to those unused development, open space or air rights above or around the real property to the extent permitted by the local zoning classification applied to the real property, but shall be understood by the parties not to include any planned rehabilitation work on the Property as laid out in the plans and specifications to be prepared for Grantee and to be approved by Grantor, so long as such planned rehabilitation work does not substantially alter the a by the grant of this Historic Prese p ation Easement�n Para raPh�leated , g P ( ) . 3• Maintenance and Repair of the Property. Grantor, its successors and assigns shall be responsible for maintenance, repair, repainting and refinishing of the Property because of wear and tear to preserve the architectural or historic integrity of the Property. : 4 . Waste. The Grantor agrees not to commit or permit waste (i.e. , abuse, unreasonable or improper deterioration of the Property) of the Property. : 5. Extinguishment, Release and Modification. In the event the Property is destroyed or damaged by fire or other casualty to an ' extent that the repair or reconstruction of the existing improvements or the facade and exterior surfaces subject to this Historic ' Preservation Easement is rendered impracticable, in Grantor's reasonable judgment, or in the event a subsequent unexpected change in ' the conditions surrounding the Property renders it impossible or impractical to continue to use the Property for the purpose of preserving the historic or architectural value of the Property, the restrictions set forth herein may be extinguished, released, or modified, provided that such restrictions are extinguished, released or modified (a) by Grantee upon a finding by it that this Historic Preservation Easement no longer substantiall preservation purpose for which it was created; or achieves the (b) by judicial Page 4 of 9