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<br />the right of entry for purposes of construction, installation, operation, rnaintenance and <br />repair of any Utilities located within the Easement Area. <br /> <br />4. Construction and Maintenance. Grantee shall bear the entire cost and expense <br />of any construction, repair, alteration, replacement or rernoval activities performed <br />within the Easement Area. The Grantee shall also, at Grantee's cost and expense, <br />restore the Property and Easement Area to the condition which existed prior to any such <br />construction, repair, alteration, replacernent or removal activities, including but not <br />limited to, re-vegetation, re-sodding, re-paving, or removal of debris or dirt caused by or <br />resulting from such activities. <br /> <br />5. Use. Use of the Easement Area and entry upon the Property will at all times <br />conform to and comply with the terms of this Easement and all applicable governmental <br />regulations now in existence or hereafter created. <br /> <br />6. Duration. The Easement hereby granted and conveyed to, over, under, upon, <br />across, and through the Easernent Area shall be perpetual in duration. <br /> <br />7. Warrantv of Title. Grantor hereby warrants that (i) Grantor owns the fee sirnple <br />title to the Property, (ii) Grantor has good right and lawful authority to convey the <br />Easernent granted herein, and (iii) the Property is not encumbered by any mortgages or <br />other matters which would prohibit the use of the Easement Area for the purposes <br />contemplated herein. <br /> <br />8. Litiqation and Attorneys Fees. In the event it shall be necessary for Grantor or <br />Grantee to bring suit or specific performance or damages or to enforce any provision <br />hereof, the prevailing party in any such litigation and any appeals there from shall be <br />entitled to recover from the other party, in addition to any damages or other relief <br />granted as a result of such litigation, all costs or expenses of such litigation and its <br />reasonable attorneys' fees and paralegals' fees as fixed by the Court. <br /> <br />9. Governinq Law. The Easement shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br /> <br />IN WITNESS WHEREOF, Grantor and Grantee have caused this Utility <br />Easement to be executed in manner and form sufficient to bind them as of the <br />date and year first above written. <br /> <br />PAGE 2 OF 4 <br />