2015/05/06 Council Agenda Packet

' Form Approved by VP-Law 1 14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 14.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and super-sede any and all other agreements between the parties hereto relating to Grantee's use of the Premises‘descnbeRerein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grants obliga ron to defend and hold Grantor harmless in any prior written agreement between the paiies. .l ' 14.6 Time is of the essence for the performance of this Easemen 'Agreeme Sri` 14.7 The terms of the OVERPASS Agreement are incorporated a e'n as if—full set forth in this ,�t��-.r s � instrument which terms shall be in full force and effect for purpos s-of this.Easem ft even if the OVERPASS Agreement is,for whatever reason, no longer in effect. i,. v [Signature page folio. a 4 h \ .4,), r!a `' l a Y -/ It Form 105; Rev. 06/01/05 6 39