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2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and declare to <br />exist a non-exclusive Easement to, over, under, upon, across and through the Easement Area for <br />the purpose of construction, installation, operation, maintenance and repair of the Utilities, <br />provided that all such Utilities shall be installed underground. <br />3. Incidental Rights. The Easement hereby created and granted includes the creation of all <br />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, <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 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, repaving, <br />or removal of debris or dirt caused by or resulting from such activities. <br />5. Indemnification. Grantee covenants and agrees to indemnify and hold harmless the <br />Grantor from any and all claims for the payment of any compensation or damages for injury to <br />persons (including wrongful death) or damage to property resulting from the use by the Grantee <br />of the Easement Area or from the maintenance of any utilities by Grantee, together with any and <br />all court costs and attorney fees incurred by Grantor in connection with such claims. The Grantee <br />in no way waives its sovereign immunity damages cap under Fla. Stat. 768.28. <br />6. 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 />7. Duration. The Easement hereby granted and conveyed to, over, under, upon, across, and <br />through the Easement Area shall be perpetual in duration. <br />8. 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. <br />9. 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 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 darnages 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 />10. Governing Law. The Easement shall be governed by and construed in accordance with <br />the laws of the State of Florida. <br />2 <br />