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4. Construction and Maintenance Expenses. Grantee shall bear the entire cost and expense <br />of any construction, repair, alteration, replacement or removal activities performed within the <br />Easement Area. The Grantee shall also, at Grantee's cost and expense, restore the Property and <br />Easement Area to the condition which existed prior to any such construction, repair, alteration, <br />replacement or removal activities, including but not limited to, revegetation, resodding, or <br />removal of debris or dirt caused by or resulting from such activities. Grantee will be responsible <br />for any documentation required for permitting projects related to construction, installation, <br />operation, maintenance and repair of the Utilities. The Grantee will keep records indicating the <br />compliance with all applicable laws, and any required notification and memorialization <br />procedures, including the National Emissions Standards for Hazardous Air Pollutants. <br />5. Use. Use of the Easement Area and entry upon the Property will at all times conform to <br />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, and <br />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 to <br />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 any mortgages or other matters which would <br />prohibit the use of the Easement Area for the purposes contemplated herein, or in the alternative, <br />mortgagee consent ii Joinder is r� d hereto 4 4 `1 A ill b <br />a bag. n a �v.n .., , attached or a separate consent an.. �cmuer vvi�� uc <br />recorded. <br />8. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or Grantee <br />to bring suit for specific performance or damages or to enforce any provision, the prevailing <br />party in any such litigation and any appeals shall be entitled to recover from the other party, in <br />addition to any damages or other relief granted as a result of such litigation, all costs or expenses <br />of such litigation and its reasonable attorneys' fees and paralegals' fees as fixed by the Court. <br />9. Governing The easement shall be governed by and construed in accordance with <br />the laws of the State of Florida. <br />10. Recordation. The original of this agreement shall be recorded in the Public Records of <br />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 the <br />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, Grantor and Grantee have caused this Utility Easement to be <br />executed in manner and form sufficient to bind them as of the date and year first above written. <br />2 <br />