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Dor Bk Vol 0, 41 a8 OPR 2003 Pg 330 conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. b. The above-described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renew, or encourage, a dual school system. These restrictions and conditions shall be binding upon the Grantee, its successors and assigns, for a period of fifty years from the date hereof; and in case of a violation of either or both of the above restrictions, the estate herein granted shall, without entry or suit, immediately revert to and vest in the Grantor herein and its successors, this instrument shall be null and void, and grantor and its successors shall be entitled to immediate possession of such premises and the improvements thereon; and no act or omission upon the part of grantor herein and its successors shall be a waiver of the operation or enforcement of such condition. The restrictions set out in paragraph "a" above shall be construed to be for the benefit of any person prejudiced by its violation. The restriction specified in paragraph "b" above shall be construed for the benefit of any public school district or any person prejudiced by its violation, Exceptions to Conveyance and Warranty This conveyance and warranty are made expressly subject to the exceptions listed in Exhibit B to this Easement Agreement. Driveway Access From De Zavala Road To Grantor's Property Upon the recording of this Easement, De Zavala Road will become a public street of the Grantee, and it will be treated as all public roadways, and Grantor shall be entitled to apply for and obtain driveway permits for access to De Zavala Road in accordance with Grantee's ordinances of general application. So long as the application of the Grantor for a driveway meets all City technical standards for a driveway, the application shall be granted by the Grantee. In the event the requested driveway involves crossing the secondary strip between De Zavala Road and the remaining Grantor's property, the City shall grant such rights as needed to effect the crossing, provided the proposed driveway installation meets the terms described above and is engineered and maintained by the Grantor to protect any and all installations made by the Grantee. Miscellaneous Provisions (i) Limitation on Liabilitv. Neither Grantor nor Grantee shall be liable to one another for any consequential, special, incidental, multiple, exemplary or punitive damages, including without limitation, loss of use or loss of profits, regardless of whether such San MarcoS/De Zavala Road Easement Easement Agreement - May 24, 2002 Page 4 of7