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(ii) Declarant shall indemnify and hold harmless Benefited Party from any <br />claim, demand, loss, damage, cost or expense of whatsoever kind or nature, <br />including attorney fees through appeal, made against or incurred by Benefited <br />Party incident to any claim, demand, causes of action, defenses or proceedings, <br />judgments or costs asserted against Benefited Party as a result of use of the <br />Easement Property. <br />4. Perpetual. The easements and rights hereby created, declared and granted with respect to <br />the Easement Property shall be perpetual and shall run with title to the Easement Property and for <br />the benefit of Benefited Party until amended or terminated in accordance with the terms of this <br />Declaration. <br />5. Maintenance. Declarant shall at all times maintain the Easement in safe, clean, and <br />attractive condition reasonably acceptable to the City Manager. Failure to do so will result in <br />Declarant undertaking to do same and placing a lien against the Easement Property for the costs as <br />documented by invoice. <br />6. Injunctive Relief. In the event of any violation or threatened violation by Declarant or a <br />Benefited Party, the other party shall have the right to enjoin such violation or threatened violation <br />in a court of competent jurisdiction of Miami -Dade County. The rights of injunction shall be in <br />addition to all other remedies provided by law. <br />7. Attorney Fees. In the event any person is required to initiate or defend any legal action or <br />proceedings to enforce or interpret this Declaration, the prevailing party in any such action or <br />proceeding shall be entitled to recover reasonable costs and attorney fees (including its reasonable <br />cost and attorney fees on any appeal). <br />8. Amendment. This Declaration may be amended only by an instrument in writing executed <br />by the Declarant and the Benefited Party and recorded in the Public Records. <br />9. motions and Headings. The captions and headings in this Declaration are for reference <br />only, and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, <br />conditions or other agreements contained herein <br />10. Effective Date. This Easement shall become effective upon recording. Declarant <br />shall be responsible for the act of and costs associated with the recording of this Easement. <br />IN WITNESS WHEREOF, the undersigned party has caused this Declaration of Easement <br />to be duly executed and the corporate seal to be affixed the day and year first above written. <br />3 <br />