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Area for the purpose of construction, installation, operation, maintenance and repair of the <br />Utilities, provided that all such Utilities shall be installed underground. <br />3. Incidental Rights. The Easement hereby created and granted includes the creation <br />of all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for <br />its intended purposes, including, specifically, the right of entry for purposes of construction, <br />installation, operation, maintenance and repair of any Utilities located within the Easement Area. <br />4. Construction and Maintenance Expenses. Grantee shall bear the entire cost and <br />expense of the initial construction and installation of the Utilities. All initial construction and <br />installation of the Utilities shall be completed by Grantee in accordance with all current codes <br />and standards. After the installation of the Utilities is accepted by Grantor, thereafter Grantee <br />shall bear the sole cost of operation, maintenance, repair, alteration, replacement or removal of <br />the Utilities and the related activities performed within the Easement Area. The Grantee shall <br />also, at Grantee's sole cost and expense, restore the Property and Easement Area to the <br />condition which existed prior to any such construction, repair, alteration, replacement or <br />removal activities, including but not limited to, revegetation, resodding, repaving, or removal of <br />debris or dirt caused by or resulting from such activities. <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 />6. Duration. The Easement hereby granted and conveyed to, over, under, upon, <br />across, and through the Easement Area shall be perpetual in duration. <br />7. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple <br />title to the Property, (ii) Grantor has good right and lawful authority to convey the Easement <br />granted herein, and (iii) the Property is not encumbered by any mortgages or other matters which <br />would prohibit the use of the Easement Area for the purposes contemplated herein and Grantor's <br />current mortgage holder shall execute the attached Consent and Joinder of Mortgagee form shown <br />as Exhibit C. <br />8. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or <br />Grantee to bring suit for specific performance or damages or to enforce any provision hereof, the <br />prevailing party in any such litigation and any appeals therefrom shall be entitled to recover from <br />the other party, in addition to any damages or other relief granted as a result of such litigation, all <br />costs or expenses of such litigation and its reasonable attorneys' fees and paralegals' fees as <br />fixed by the Court. <br />9. Governing This Easement Agreement shall be governed by and construed <br />in accordance with the laws of the State of Florida. <br />10. Recordation. The original of this Easement Agreement shall be recorded in the <br />Public Records of Seminole County, Florida, at the expense of the Grantor. <br />11. Binding Covenant. The covenant and rights set forth in this Easement Agreement <br />shall run with the title to the lands described in Exhibit "A" and the benefits and burdens hereof <br />shall bind and inure to the benefit of all successors in interest to the parties hereto. <br />{K0044455.DOCX;1 } <br />44455 <br />