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200901644
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Last modified
3/5/2009 3:47:42 PM
Creation date
3/5/2009 3:40:02 PM
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DEEDS
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200901644
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<br />200901644 <br /> <br />Utilities Easement, Windridge II Utilities Easement, Drainage Easement and the <br />Parking Easement by Windridge II and their partners, officers, agents, employees, <br />customers, invitees, licensees, tenants, subtenants, contractors, users, owners, lessees, <br />licensees, invitees and guests and their respective successors and assigns. This <br />provision shall survive the expiration or termination of the Agreement. <br /> <br />(c) Windridge II and Windridge I shall have adequate insurance, including <br />comprehensive broad form general public liability insurance, covering any <br />construction, installation, use, operation, repair or maintenance of the facilities, <br />pavement, parking spaces, roads and other improvements located within the Windridge <br />I Access Easement, the Windridge II Access Easement, the Parking Easement, the <br />Windridge I Utilities Easement, the Windridge II Utilities Easement and the Drainage <br />Easement, located on each of their property, and shall provide evidence of such <br />insurance to Windridge I or Wind ridge II, as applicable, upon request. This provision <br />shall survive the expiration or termination of the Agreement. <br /> <br />Section 5. Real Covenants. The easements, restrictions and agreements set forth herein <br />shall run with the land described in Exhibit A-I and Exhibit A-2; shall remain in full force and <br />effect in perpetuity; and shall be unaffected by any change of ownership of the real property <br />described in Exhibit A-I and Exhibit A-2, or any change in use of said property or other <br />cirCUllistance-:. except as (\therwise expressly provided for herein. Each of the rights created <br />under this Agreement shall be specifically enforceable in a COLlrt of equity, it being recognized <br />that damages at law will be inadequate in addressing any breach of the provisions hereof or a <br />violation of the rights created hereunder. <br /> <br />Section 6. Nonexclusive Easements. The easements and other rights granted herein are <br />not exclusive, and Windridgc I hereby reserves unto itself and to the other present and future <br />owners of the Windridge I Parcel the right to utilize the Windridge I Parcel for such purposes as <br />do not unreasonably endanger or interfere with the easements granted herein. Windridge I shall <br />have the right to grant such other casements, rights or privileges to such persons and/or entities <br />and f(x sLlch purposes as Windridge I in its sole discretion may elect, so long as such purposes do <br />not unreasonably endanger or interfere with the casements granted herein. <br /> <br />The easements and other rights granted herein are not exclusive, and Windridge II hereby <br />reserves unto itself and to the other present and future owners of the Windridge II Parcel the <br />right to utilize the Windridge II Parcel for such purposes as do not unreasonably endanger or <br />interfere with the easements granted herein. Windridge II shall have the right to grant such other <br />casements, rights or privileges to such persons and/or entities and for such purposes as <br />Windridge II in its sole discretion may elect, so long as such purposes do not unreasonably <br />endanger or interfere with the easements granted herein. <br /> <br />Section 7. Subordination and Notice. Windridge I and Windridge II hereby <br />subordinate any lien rights relating to repair, maintenance and/or other costs by one Party to the <br />other hereunder to any unrelated third party institutional and/or governmental lender(s) who <br />
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