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US. 112647027.02
<br />201705870
<br />to build any new buildings or structures on their respective properties as they may from time to
<br />time desire, regardless of whether or not the additions or replacements are constructed wholly or
<br />partly upon the easement areas, subject to applicable governmental requirements, matters of
<br />record and the provisions contained herein. If the foregoing requires relocation or construction of
<br />any utility or drainage facilities, the owner that is so constructing, changing, rearranging, altering,
<br />building upon or otherwise modifying the easement area shall be responsible, at its sole cost, for
<br />constructing or relocating such utility or drainage facilities, but same shall be accomplished
<br />without interruption of service and in a manner so as to minimize inconvenience to the owners,
<br />tenants and occupants of the remaining portions of the Grantor Parcel or the Grantee Parcel.
<br />7. (a) Obligation to Maintain. Each owner agrees to fully maintain, repair
<br />and, when necessary, replace, at its cost and expense, such portions of the Grantor Easement Area
<br />or the Grantee Easement Area owned by such owner so that same are at all times in good working
<br />order, condition and repair. The foregoing obligation of each owner to maintain, repair and, when
<br />necessary, replace, shall include, without limitation (i) keeping such owner's property in a clean,
<br />unlettered, orderly and sanitary condition, (ii) removing, to the extent practicable, accumulations
<br />of snow, ice and surface waters from such owner's property, (iii) keeping all marking and
<br />directional signs, if any, within such owner's property clear, distinct and legible, (iv) maintaining,
<br />mowing, weeding, trimming and watering all landscaped areas, (v) maintaining and operating
<br />exterior lighting at reasonable levels during hours of darkness, and (vi) maintaining and replacing
<br />the exterior finish materials of improvements from time to time located within the Grantor
<br />Easement Area or the Grantee Easement Area (such as painting building surfaces and scaling
<br />driveways and parking areas).
<br />(b) Indemnity. Each owner hereby indemnifies and saves harmless the
<br />other owners from any and all liability, damage, expense, causes of action, suits, claims or
<br />judgments arising from the use of the easements granted herein, except to the extent caused by the
<br />intentional act or negligence of any other owner.
<br />8. Defaults and Remedy. In the event of a breach by any party of any of the
<br />terms, covenants or agreements hereof, the aggrieved party shall notify the breaching party in
<br />writing. If the breach is not cured within thirty (30) days of the date of such notice, the breaching
<br />party shall be in default and the other party shall be entitled forthwith to all rights and remedies
<br />provided for in law or equity, including the right of specific enforcement; provided, however, that
<br />if the breach shall constitute an emergency condition, the non - breaching party, acting in good faith,
<br />shall have the right to cure the breach upon such advance notice as is reasonably possible under the
<br />circumstances or, if necessary in the case of emergency, without advance notice, so long as notice
<br />is given as soon as possible thereafter. After a party is in default, the non - defaulting party may, at
<br />its election, undertake and perform the obligations of the defaulting party. The non - defaulting
<br />party shall be entitled to recover from the defaulting party all of its reasonable expenses incurred in
<br />enforcing such obligations including, without limitation, all attorneys' fees and other costs of
<br />enforcement.
<br />9. No Dedication. Nothing contained herein shall be construed as a dedication
<br />of the easements granted herein to the general public.
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