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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. Grantee shall bear the entire cost and expense of any <br />construction, repair, alteration, replacement or removal activities performed within the Easement <br />Area. The Grantee shall also, at Grantee's cost and expense, restore the Easement Area to the <br />condition which existed prior to any such construction, repair, alteration, replacement or removal <br />activities, including but not limited to, revegetation, resodding, repaving, or removal of debris or <br />dirt caused by or resulting from such activities. <br />5. Use. Use of the Easement Area will at all times conform to and comply with the terms <br />of this Easement and all applicable governmental regulations now in existence or hereafter <br />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 Easement Area, (ii) Grantor has good right and lawful authority to convey the Easement <br />granted herein, and (iii) the Easement Area is not encumbered by any mortgages or other matters <br />which would prohibit the use of the Easement Area for the purposes contemplated herein. <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 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 Law. 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 />X <br />