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-�, <br />�tr•7� <br />ay <br />,ozx <br />ay� <br />y zH <br />K o <br />H �7 <br />�H� <br />[/1 H <br />�o� <br />OH� <br />� n �u <br />�'] Y [] <br />,7z+ H � <br />r� z <br />i-+ H <br />� <br />H <br />C� C7 � <br />��� <br />z y �n <br />H O C/� <br />N ��� <br />� �� �� <br />! 0, _I <br />W�. ' .,> <br />�u I <br />' �v' <br />� <br />manncr and in compliance with all applicabie laws. Albertson's shall not permit any liens <br />io si:ind �+gainst the Grantor Tract for any work done or materials furnished in connection <br />���ith the 51ope Work; provided, however, that Albertson's may contest the validiry of any <br />such lien, but upon a final determination of the validity thereof, Alberts���'s shall cause the <br />licn to be satisfied and released of record, Upon completion of the Slope Work, <br />;\Ibertson's shall restore the slope or steepness of the Easement Area to the same or lesser <br />slope or stecpness that existed immediately prlor to performance of tne Slope Work, If <br />Grantor has landscaped and/or installed sprinkler systems or other improvements within <br />thc rasement Area before Albertson's performs the Slope Work, Albertson's agrees to <br />replace to its condition immediately prior to the Slope Work any and all landscaping, <br />sprinkler systems or other improvaments of Grantor that are removed or damaged as a <br />result of Albertson's performing the Slope Work, except that any mature trees shall be <br />replaced by nursery stock of the same species, In addition, Albertson's shall construct a <br />lence along the property line behveen the Grantor Tract and the Albertson's Tract as <br />sho�vn on the Plans and Specifications, Once Albertson's has restored the Easement Area <br />in ,iccordance with the terms hereof, Albertson's shall have no further obligadon with <br />respect to the Easement Area or the Grantor Tract. <br />3. Non-�xclus[ve Easement. Albertson's acknowledges that the easement granted <br />hcreby is a non-exclusive easement and that Grantor shall retain, reserve and continue to <br />enjoy and use the Easement Area for any use that does not unreasonably interfere with the <br />riglits granted to Albertson's hereby or have an adverse affect upon the stability or <br />struclural integriry of the Slope Work. <br />d. Successors pnd Assig�is. This Agreement and all the terms, covenants, <br />conditions and agreements contained herein shall inure to the benefit of and be binding <br />upon the parties, their heirs, personal representatives, successors and assigns. Without <br />liiniting the generality of the foregoing, this Agteement shall also be for the benefit of any <br />contraictor, subcontractor, agent, employee, or representative of Albertson's. All of the <br />terms, covenants, conditions and agreements contained herein shall be deemed to be <br />covenants running with title to the respective tracts and shall run with, and constitute a <br />b�.�rdcn upon, title to the respective tracts. <br />5. �nforcement. In the event either party is required to initiate or defend any legal <br />action ur proceeding to enforce or interpret any of the terms, covenants, conditions or <br />�,�rcements contained herein, the prevailing party in aiiy such action or proceeding shall be <br />cnti,lcd to recover its reasonable costs and attorneys' fecs (including reasonable costs and <br />atlorneys' fees on any app�:»:) as determined by the court in the same or any subsequent <br />procceding. In the event of any violation or threatened violation of any of the terms, <br />2 <br />� <br />