Res 1992-154 - Laserfiche WebLink

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?'L GRANTOR shall not thereafter be obligated hereunder with respect to the Detention Facilities and GRANTEE shall release GRANTOR from this covenant. 7. The covenants and agreements by and on the part of GRANTOR herein shall run solely to and in favor of the GRANTEE and shall be enforceable only by the GRANTEE. If any person or persons shall violate or attempt to violate the foregoing agreement and covenant, GRANTEE, after seven (7) daysl written notice to GRANTOR, or the applicable successor or assign of GRANTOR which at that time is the party obligated under this covenant, may (but shall not be required to) itself perform (or cause to be performed) such corrective action with respect to the Detention Facilities as is reasonably required to cause them to be in compliance herewith or may prosecute proceedings at law or in equity against the person or persons violating or attempting to violate such agreement or covenant, to obtain a temporary restraining order, and/or a temporary or permanent injunction to prevent him or them from so doing, or to obtain a mandatory injunction against such person or persons. 8. This covenant shall be considered a restriction running with the land across which the above-described easement is granted and shall be binding on, and inure to the benefit of, GRANTOR's successors and assigns. GRANTOR, and GRANTORls successors and assigns, shall be released from the obligations oJ: GRANTOR under this Drainage Easement and Maintenance Agreement upon GRANTOR's, or GRANTOR's successors and assigns, as appropriate, sale, transfer or conveyance of the Easement Property, provided, that the GRANTOR sells, transfers or conveys the Easement Property to the owner of the real property described in Exhibit IICII hereto. 9. GRANTOR binds itself, and its successors and assigns, to hold harmless, indemnify and defend GRANTEE, and its successors and assigns, from and against all claims for damages and/or injuries related to GRANTOR's construction and/or maintenance of the Detention Facilities covered hereunder. 10. Subject to the grant of the easement pursuant to this agreement, GRANTOR shall retain possession and use of the Easement Property encumbered only by this agreement, including, without limitation, the right (a) to locate utilities in the Easement Property; (b) to use the Easement Property for any purpose whatsoever, as long as such use does not unreasonably and materially interfere with GRANTEE's rights under this agreement and (c) with the consent of GRANTEE, such consent not to be unreasonably withheld, to relocate, at GRANTORls expense, the Detention Facilities from time to time (and if the Detention Facilities are relocated, GRANTOR will grant to GRANTEE a new easement substituting the new easement area to which the Detention 30047958.1 122292 1656C 89838858 4