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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 /> landscapedpedestrian 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.
<br /> 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 anyand all liabilities, damages, claims, costs or
<br /> g ) g
<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 b y
<br /> 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 sha .- entitled to
<br /> reimbursement of reasonable attorneys' fees and costs incurred at all tria� .rr i:7 „ levels. •
<br /> CLERK Cp
<br /> •� GAN
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<br /> OD RUM
<br /> 104,1
<br /> JJ �,
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