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200206846 responsibility or liability for the construction of the driveway contemplated by this Agreement and, as such, this indemnity shall not apply to said construction. 3.02 In the event of a default of any of the provisions herein by the either party, the non - defaulting party shall have the right the cure the default at the other party's sole expense if the defaulting Party has not commenced curing said default within thirty (30) days after receipt of a default notice from the non - defaulting Party. Notwithstanding the above, either party may cure a default immediately in an emergency situation. 3.03 This Agreement shall be recorded in the proper office for recording of such an agreement in the City of Grand Island, Hall County, Nebraska. 3.04 Any and all notices required or permitted to be given under this Agreement shall be in writing, postage and/or shipping and delivery pre -paid and shall be sent by U.S. Postal Service Certified Mail with Return Receipt Requested or via a national overnight courier service requiring a signature upon delivery (such as Federal Express) to: Carpenter- Redman Carpenter- Redman 2106 N. Webb Road Grand Island, NE 68843 Tel: 308 - 389 -3243 AUTOZONE: AutoZone, Inc. Property Management, Dept. 8700 123 South Front Street Memphis, TN 38103 Tel: 901- 495 -6500 3.05 It is further understood and agreed to by Carpenter- Redman and AutoZone that the easements and other rights may be mortgaged to any mortgagee taking a mortgage on the AutoZone Parcel or Carpenter- Redman Parcel, but any mortgagee taking a mortgage on any easement herein shall take said mortgage subject to the other rights, benefits, duties, and obligations created and established herein. 3.06 No waiver of any provision hereof shall be deemed to constitute or imply a further waiver thereof of any other provision set forth herein. 3.07 Should any provision hereof be declared invalid by a legislative, administrative or judicial body of competent jurisdiction, the other provisions hereof shall remain in full force and effect and shall be unaffected by same. 3.08 Unless the context in which used clearly requires another construction, throughout this Agreement, the masculine gender shall be deemed to include the neuter, feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa. 3.09 If more than one person or entity is named as Carpenter- Redman in this Agreement and executed the same as Todd Carpenter and /or Douglas Redman, then the word "Carpenter- Redman" whenever used herein shall refer to all such persons or entities, and the liability of such persons or entities for compliance with or for the performance of all terms, conditions, covenants and provisions hereof shall be individuals and shall be joint and several. AZI656 Reciprocal Driveway Easement 0408.doc