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3. Incidental Rights. The Easement hereby created and granted includes the creation of <br />all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for its <br />intended purposes; including, specifically, the right of entry for purposes of construction, installation, <br />operation, maintenance and repair of any utilities located within the Easement Area. The Grantee <br />herein and its assigns shall have the right to clear, keep clear, and remove from said Easement Area <br />all trees, undergrowth and other obstructions that may interfere with location, excavation, operation <br />or maintenance of the drainage facilities installed thereon by the Grantee and its assigns, and the <br />Grantor, their- successors and assigns agree not to build, construct or create, or permit others to build, <br />construct or create any buildings or other structures on said Easement Area that may interfere with <br />the location, excavation, operation or maintenance of the drainage structures installed thereon. <br />4. Construction and Maintenance Expenses. Grantee shall bear the entire cost and <br />expense of any construction, repair, alteration, replacement or removal activities performed within <br />the Easement Area. <br />5. Use. Use of the Easement Area and entry upon the Property will at all times conform <br />to and comply with the terms of this Easement and all applicable governmental regulations now in <br />existence or hereafter created. <br />6. Duration. The Easement hereby granted and conveyed to, over, under, upon, across, <br />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 title <br />to the Property, (ii) Grantor has good right and lawful authority to convey the Easement granted <br />herein, and (iii) the Property is not encumbered by matters which would prohibit the use of the <br />Easement Area for the purposes contemplated herein. <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 the <br />other party, in addition to any damages or other relief granted as a result of such litigation, all costs <br />or expenses of such litigation and its reasonable attorneys' fees and paralegals' fees as fixed by the <br />Court. <br />9. Governing Law. The Easement shall be governed by and construed in accordance <br />with the laws of the State of Florida. <br />10. Recordation. The original of this agreement shall be recorded in the Public Records <br />of Seminole County, Florida, at the expense of the Grantee. <br />11. Binding Covenant. The covenant and rights set forth in this Agreement shall run with <br />the title to the lands described in Exhibit "A" and the benefits and burdens hereof shall bind and <br />inure to the benefit of all successors in interest to the parties hereto. <br />IN WITNESS WHEREOF, the parties have set their hand and seal, the day and year <br />indicated below. <br />2 <br />