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conveyancing instrument, be deemed to include the following conditions, covenants and restrictions to which such public utility and its successors shall be bound unless specifically stated otherwise in such instrument. (a) The easement is non - exclusive; (b) All facilities installed pursuant to the easement shall be underground, except for manhole and manhole covers which shall be flush with adjacent grade, and except as otherwise shown on plans approved by the Declarants; (c) The grantor retains the right to use the surface areas pursuant to the other terms and provisions of this Declaration; (d) The grantee shall not, in its use or installation, interfere with other installations and easements in the area; (e) The grantee shall protect its facilities against uses of the surface made by the other Parties; (f) The grantee shall make adequate provisions for the safety and convenience of all persons using the area; (g) The grantee, following installation or other work, shall replace and restore the areas and improvements to the condition in which they were immediately prior to performance of such installation and work; (h) The grantee shall defend, indemnify and hold harmless the other Parties against all loss, liability, and costs (including reasonable attorney's fees) which may result to the Grantor from the negligent act or omission of, its agents, employees and contractors; and (i) The grantee shall not permit any claim, lien or encumbrance to attach against the Land or any interest therein. Section 4.1 ARTICLE IV USE General Use Requirement. Any Parcel not owned by Declarant shall be 8 2 0170668..7 used only for financial institutions, service shops, offices of the type customarily found in Malls, retail stores selling retail merchandise normally carried in other Malls and restaurants with over sixty (60 %) percent of gross revenues from food sales. raly