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f. 200403595 11-1 Each of the parties shall keep and maintain the well and pump in good condition and repair, including, without limitation, normal maintenance and replacement and expending such funds as are reasonably necessaryto provide the necessary maintenance. Each party shall be responsible for fifty percent (50 %) of all expenses related to said Well and Pump, provided that in the event of replacement, both parties shall agree in writing prior to replacement. In the event either party fails to comply with its maintenance obligations as set forth herein, which failure continues for more than thirty (30) days after the date of written notice to the breaching party of such breach, the non - breaching party shall be entitled to (i) enter the Easement Area for the purpose of the performance of such maintenance activities as are necessary to restore the Well and Pump to good condition and repair, (ii) expend such funds as are reasonably necessary to provide the necessary maintenance, and (iii) submit an immediate invoice to the breaching party for the reasonably expended funds, which shall be due and payable within ten (10) days of the date of notice of the invoiced bill. 2. The easements and other rights granted herein are not exclusive, and each of the parties hereby reserves unto itself and to the other present and future owners of the Properties the right to utilize the portion of the Easement Area it owns for such purposes as do not unreasonably endanger or interfere with the easements and other rights granted herein. Each of the parties shall have the right to grant such other easements, rights or privileges to such persons and /or entities and for such purposes as each party in its sole discretion may elect, so long as such purposes do not unreasonably endanger or interfere with the easements and other rights granted herein. 3. The easements and rights granted under the terms of this Agreement shall be appurtenant to and run with the Properties, including future subdivisions and /or reconfiguration of the Properties, and shall be binding on all entities having or acquiring any right, title or interest in the Properties and shall inure to the benefit of each owner, tenant, subtenant, employee or invitee thereof. 4. The easements and rights established by this Agreement shall not merge and terminate if the Properties become owned by the same entity. 5. Time is of the essence with respect to this Agreement. 6. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so in this Agreement. It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind or otherwise terminate this Agreement. However, such limitation shall not affect in any manner any other rights or remedies which a party may have hereunder or under applicable law by reason of any such breach. In the event of breach hereunder, the non - breaching party shall be entitled to all remedies available at law, or in equity, and 2