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"s 200406871 stoppages, labor disputes, acts of God, judicial orders, war, riot, civil commotion, or governmental delays in permitting or inspecting work). 7. No Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Grantor Property to the general public, or for any public use, or purpose whatsoever. Except as herein specifically provided, no rights, privileges or immunities of any party hereto shall inure to the benefit of any third -party, nor shall any third-party be deemed to be a beneficiary of any of the provisions contained in this Agreement. 8. Title. Grantor confirms with Wal -Mart that Grantor is seized in fee and is the sole holder of the Grantor Property that it has the right to grant and convey the easement and rights granted herein, and that it will warrant and defend such easement and rights to Wal -Mart against the lawful claims and demands of all persons. Wal -Mart confirms to Grantor that: (i) Wal -Mart is seized in fee and is the sole holder of the Wal -Mart Property; (ii) prior to performing any work on the Improvements, Wal -Mart will have received all necessary permits and consents from all appropriate regulatory bodies in order to construct the Improvements on the Grantor Property and the Wal -Mart Property, and that upon the commencement of such construction, such Improvements will be constructed and/or performed in accordance with the terms and provisions of the Development Agreement, the Site Plan and the Erosion Plan identified above. 9. Binding Effect & Miscellaneous. This Easement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns, and shall be deemed to be binding upon and shall run with the Grantor Property and the Wal -Mart Property. 01- 599183.4