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'J 200600528 replaced, consistent with applicable law and industry practice. DTERS may require third parties to satisfy this obligation pursuant to agreement but shall remain primarily liable so long as it retains title to the property in question. 5. Utility Crossings. DTERS agrees to grant, without charge for such grant, to public utilities or their franchisees reasonable and necessary utility crossings, over or under its railroad easements for the benefit of owners of land located within the CAAP; provided however, any construction, installation or maintenance by such public utilities or franchisees over or under the railroad easements shall not interfere with the operation of the North-South Rail Line. In the event such a crossing is requested, the requesting party shall provide DIERS with reasonable prior notice of any proposed construction, installation or maintenance and the parties shall cooperate to minimize any disruption to the use of the North-South Rail Line. 6. Covenants Run With the Land The covenants of DTERS contained in this Agreement shall run with the land at law and shall be binding on DTERS and all persons claiming by, through, or under DTERS unless and until released. 7. Deed Restrictions DTERS agrees that it shall not sell or convey (other than non-exclusive track leases, trackage rights, or other non-exclusive track usage arrangements, utility and crossing easements and the like) any interest in the DTERS Designated Property without including in the granting instrument the covenants and restrictions contained in this Agreement. 8. Release The restrictions and covenants contained in this Agreement may be released in whole or in part at any time by written instrument executed by the record owners of at least sixty percent (60%) of the property located in the NPPD Designated Property and the property being served by the North-South Rail Line. 9. Satisfaction of Resolution The County hereby acknowledges that this Agreement satisfies all of the requirements of Paragraph 2 of the Resolution. 10. Recording. This Agreement shall be recorded in the official real property records of Hall County in the County' Office of Register of Deeds as soon a practicable, and the covenants, condition and restrictions are to run with the DTERS Designated Property and bind future transferees of all or any portion of the DIERS Designated Property ~ 3