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AND, the Grantor and Grantee hereby covenant and agree as follows: <br /> I. That the Grantee shall, at Grantee's cost, at all times, keep, repair and <br /> maintain the Easement Area in safe and proper condition, and in compliance with all laws and <br /> <br /> regulations applicable thereto. <br /> 2. That the Grantee shall keep the Easement Area reasonably clear of litter and <br /> refuse, and will not permit any vehicles or equipment to be stored within the Easement Area other <br /> than as expressly allowed herein for parking purposes, and will not allow the Easement Area to be <br /> used for any purpose not expressly permitted herein. <br /> 3. The rights and easements granted herein are perpetual, nonexclusive and shall <br /> run with the land, and Grantor hereby reserves the right to make irrevocable, nonexclusive grants or <br /> assignments of all or portions of such rights and easements from time to time to owners of lots within <br /> or about the subdivision, governmental authorities, public or private entities and/or utilities, <br /> corporations, homeowners' associations or others for the uses described above, subject to the terms <br /> and conditions herein. <br /> 4. That if at any time the premises across which the rights and easements aze <br /> hereby granted, or any part thereof; shall be condemned or taken by any governmental authority, the <br /> Grantee shall have the right to claim and recover from the condemning authority, but not from the <br /> Grantor, such compensation as is payable for the said rights and easements and for the utilities owned <br /> within the Easement Area by Grantee, all of which shall be payable to Grantee. <br /> 5. The terms "Grantor" and "Grantee" wherever used herein shall include the <br /> Grantor and Grantee and their respective successors, assigns, agents, officers, and employees <br /> according to the context thereof. <br /> 6. Phis writing contains the entire agreement of the parties hereto concerning <br /> the subject matter hereof, and this Agreement supersedes all other agreements and understanding <br /> (whether oral or written) heretofore or contemporaneously herewith made by the parties. <br /> 3 <br /> 2002027.1.050069-I <br /> <br />