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<br /> to and made a part of this Agreement as Exhibit "A", to correctly note the section of Grantor's
<br /> property that is encumbered by this Agreement. From and after the date of this Agreement, only
<br /> the Easement Parcel, and no other property of Grantor, shall be subject to, and burdened and
<br /> encumbered by, the terms and provisions of this Agreement.
<br /> 3. Grant of Easement. Grantor hereby grants to Grantee in perpetuity a non-exclusive
<br /> permanent easement (the "Easement") in favor of Grantee over, across, under, and through the
<br /> Easement Parcel for the construction, use, and maintenance of the Pedestrian Bridge and for no
<br /> other purpose.
<br /> 4. Maintenance of Easement Parcel. Grantee, at Grantee's sole cost and expense, shall
<br /> be responsible for maintaining the Easement Parcel (including any and all improvements which
<br /> may be constructed thereon from time to time).
<br /> 5. Compliance with Laws. The beneficiaries of the Easement shall at all times observe
<br /> in the use of the Easement Parcel all applicable municipal, county, state and federal laws,
<br /> ordinances, codes, statutes, rules and regulations; however, Grantor shall be under no legal or
<br /> other duty to ensure compliance with any of the foregoing.
<br /> 6. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement
<br /> Parcel which are not inconsistent with the Easement.
<br /> 7. Indemnification and Insurance. Subject to the provisions of Section 768.28, Florida
<br /> Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement Parcel shall
<br /> be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless Grantor
<br /> (and all of its members, officers, directors, employees, successors and assigns) from and against
<br /> any and all damages, claims, costs or expenses whatsoever (including all reasonable attorneys'
<br /> fees and costs whether or not suit be brought and at any trial court level or appeals taken
<br /> therefrom) arising from, growing out of or connecting in any way with any use of the Easement
<br /> and the Easement Parcel. Grantee hereby agrees, and all parties by virtue of their of use of the
<br /> Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold
<br /> harmless Grantor (and all of its members, officers, directors, employee, successors and assigns)
<br /> from and against any and all liabilities, damages, claims, costs or expenses whatsoever
<br /> (including all reasonable attorneys' fees and costs whether or not suit be brought and at any trial
<br /> court level or appeals taken therefrom) arising from, growing out of or connecting in any way
<br /> with failure of Grantee to maintain or insure the Easement Parcel or the exercise of Grantee's
<br /> rights under this Agreement. Grantee shall, at all times, secure and keep in force, at Grantee's
<br /> sole cost and expense, comprehensive liability insurance for bodily injury, personal injury or
<br /> death and insurance for damage to any property, which policy(ies) name Grantor as an additional
<br /> insured.
<br /> 8. Enforcement. The provisions of this Agreement may be enforced by all appropriate
<br /> actions at law and in equity against any party violating or attempting to violate any provision of
<br /> this Agreement. The prevailing party in any such actions shall be entitled to recover -• ; ble
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