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202207759 immediate threat of damage or injury to person or property. In the event Grantee elects to perform Grantor's obligations, the Grantor shall reimburse Grantee for the actual, reasonable and out-of- pocket costs incurred by Grantee in performance of such obligations, within thirty (30) days after the Grantor's receipt of Grantee's invoice providing a reasonable detail accounting of the expenses incurred and all reasonable backup information to support such accounting. b. No breach of this Easement Agreement will entitle either party hereto to cancel, rescind or otherwise terminate this Easement Agreement. The foregoing limitation will not affect, in any manner, any other right or remedy which any party might have by reason of any breach of this Easement Agreement. c. No waiver of any default by any party hereto will be implied from the failure by such party to take any action in respect of such default. No express waiver of any default will affect any default or extend any period of time for performance other than as specified in such express waiver. One or more waivers of any default in the performance of any provision of this Easement Agreement will not be deemed a waiver of any subsequent default in the performance of the same provision or any other provision. The consent to or approval of any act or request by any party hereto will not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act or request. The rights and remedies provided by this Easement Agreement are cumulative and no right or remedy will be exclusive of any other, or of any other right or remedy at law or in equity which any party hereto might otherwise have by virtue of a default under this Easement Agreement; and the exercise of any right or remedy by any party will not impair such party's standing to exercise any other right or remedy. d. In the event litigation is necessary to enforce any term or condition of this Easement Agreement, the non -prevailing party shall be liable for all costs and expenses (including reasonable attorneys' fees) of the prevailing party. 10. Notices. All notices and correspondence under this Easement Agreement shall be given by certified or registered mail or by overnight delivery with a national courier providing confirmation of delivery to the following addresses: If to Grantor: If to Grantee: with a copy to: Southside Tire of Nebraska, LLC N2453 S. Hwy 45 Antigo, WI 54409 Michael W. Garrett 128 Piper Street Grand Island, NE Dvorak Law Group, LLC 9500 W Dodge Rd, Ste. 100 Omaha, NE 68114 Attn: John M. Prososki 11. Severability. If any portion of this Access and Utilities Easement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Easement Agreement is invalid or unenforceable, but that by limiting 4