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Agreement, only the Easement Parcel, and no other property of Grantor, shall be subject to, and
<br />burdened and encumbered by, the terms and provisions of this Agreement.
<br />3. Grant of Easement. Grantor hereby grants to Grantee, in perpetuity, an
<br />exclusive easement (the "Easement") in favor of Grantee over, across, under and through the
<br />Easement Parcel, as more thoroughly described in Exhibit "A" solely for the purpose of
<br />landscaped pedestrian access to the Pedestrian Access Bridge.
<br />4. Maintenance of Easement Parcel. Grantee, at Grantee's sole cost and expense,
<br />shall be responsible for maintaining the Easement Parcel at all times.
<br />5. Compliance with Laws. The beneficiaries of this Easement shall at all times
<br />observe in the use of the Easement Parcel all applicable municipal, county, state and federal
<br />laws, ordinances, codes, statutes, rules and regulations; however, Grantor shall be under no legal
<br />or other duty to ensure compliance with any of the foregoing.
<br />6. Reservation. Grantor hereby reserves all rights of ownership in and to the
<br />Easement Parcel which are not inconsistent with the Easement, including without limitation: (a)
<br />the right to grant further non-exclusive easements on, over, or across the Easement Parcel (i.e.
<br />utility easement), and (b) the right to use the Easement Parcel for all uses not interfering or
<br />inconsistent with the uses permitted herein, including, but not limited to, the development of
<br />Grantor's property.
<br />7. Indemnification and Insurance. Subject to the provisions of Section 768.28,
<br />Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement
<br />Parcel shall be deemed to have agreed, to jointly and severally indemnify, defend and hold
<br />harmless Grantor (and all of its members, officers, directors, employees, successors and assigns)
<br />from and against any and all damages, claims, costs or expenses whatsoever (including all
<br />reasonable attorneys' fees and costs whether or not suit be brought and at any trial court level or
<br />any appeal taken therefrom) arising from, growing out of or connecting in any way with any use
<br />of the Easement or the Easement Parcel. Grantee hereby agrees, and all parties by virtue of their
<br />of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify,
<br />defend and hold harmless Grantor (and all of its members, officers, directors, employees,
<br />successors and assigns) from and against any and all liabilities, damages, claims, costs or
<br />expenses whatsoever (including all reasonable attorneys' fees and costs whether or not suit be
<br />brought at any trial court level or any appeal taken therefrom) arising from, growing out of or
<br />connecting in any way with failure of the Grantee to maintain the Easement Parcel or the
<br />exercise of Grantee's rights under this Agreement. Grantee shall, at all times, secure and keep in
<br />force, at Grantee's sole cost and expense, comprehensive liability insurance for bodily injury,
<br />personal injury or death and insurance for damage to any property, which policy(ies) name
<br />Grantor as an additional insured.
<br />8. Enforcement. The provisions of this Agreement may be enforced by all
<br />appropriate actions at law and in equity against any party violating or attempting to violate any
<br />provision of this Agreement. The prevailing party in any such action shall be entitled to
<br />reimbursement of reasonable attorneys' fees and costs incurred at all trial and appellate levels.
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