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This Easement shall not be constructed as a grant of right of way and is <br />limited to a bike trail Easement. The Grantor shall have the right to use the area <br />subject to the Easement granted hereby, including, without limitation, for parking <br />areas, driveways, and landscaping, which are not inconsistent with the use of the <br />Easement Area by the Grantee for the purposes granted hereby. Said Easement <br />does not include the right to use Grantor's property, other than for access to the <br />Easement Area for construction, repair and maintenance of the Easement. <br />Should Grantee desire to use the Grantor's property for any use other than as <br />specifically set forth herein, Grantee must obtain the.prior written permission of <br />the Principal and/or appropriate School Board County level personnel. <br />Subject to the provisions and limitations of Section 768.28, Florida <br />Statutes, (which are neither altered, expanded or waived hereby), Grantee will <br />forever save and hold Grantor harmless for, and defend Grantor against, any <br />claims-, losses, causes of action, and suits which.. a rise- from Grantee's use -of the <br />Easement Area, and will indemnify Grantor for any losses suffered due to any <br />such claims, losses, causes of action or suits. Provided, however, that <br />regardless of whether any such obligations are based on tort, contract, statute, <br />strict liability, negligence, product liability or otherwise, the obligations of the <br />Grantee under this indemnification provision shall be limited in the same manner <br />that would have applied if such obligation were based on, or arose out of, an <br />action at law to recover damages in tort and were subject to section 768.28, <br />Florida Statutes. <br />Provided, however, that the Grantor shall not have the right to grant utility <br />easements to other parties without the prior written consent of the Grantee. If the <br />Grantee disturbs any landscaping or improvements within the Easement Area, <br />the Grantee shall restore such landscaping or improvements, except that <br />Grantee may cut, trim or remove any trees, shrubs or other plants within the <br />Easement Area which interfere with the construction, maintenance or operation <br />of the bike trails. <br />IN WITNESS WHEREOF, the parties have hereunto sets their hands and <br />seals on the day and year written above. <br />[signatures to follow] <br />Book7179/Page1432 CFN#2009047698 <br />