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��� <br />m�� <br />� �� <br />ayxv. <br />y z i-�i <br />k c� <br />H� <br />"��J H '+] <br />CA H <br />y r <br />r�� <br />- o !� <br />H t7 <br />Hh0 <br />c� �� o <br />� H� <br />r-� H <br />g� <br />H <br />C] C7 f� <br />��� <br />zym <br />HOm <br />'_ w+ .. <br />�� <br />�il <br />.m � <br />� 0 I <br />. <br />% � <br />� �� <br />manner ard in compliance with all applice,ble la�vs. Albertson's shall nut permit any liens <br />;o seand against the Grantor Tract for cu; work done or materials furnished in connection <br />�vith the Slope \york; provided, how�eve:, that Albertson's may contest the validity of any <br />sucn lien, but upon a final determination of the validity thereof, Albertson's shall cause the <br />licn io bc satisfied and released of record. Upon complction of the Slope Work, <br />.1lbcrtsoii s shall restore the slope or steepness of the Easement Area to the same or lesser <br />slo} e or stcepness that cxisted immediately prior to performance of the Slope Work. If <br />Grvitor has landscaped and/or installed sprinkler systems or othec improvements within <br />t}ie Lasement Area before Albertson's performs the Slope Wo*k, Albertson's agrees to <br />rcplacc to its condition immediately prior to the Slope Work any and all landscaping, <br />sprinkler systems or o.her improvements of Grantor that are removed ��; damaged as a <br />result of Albertson's performing the Slope Work, except that any mature trees shall b: <br />rcplaced by nursery stoek of the same species, In addition, Albertson's shall construct a <br />fencc along the p:openy line between the Grantor Tract and the Albertson's Tract as <br />sho« n on the :'! , Zs and Specificatlons. Once Albertson's has restored the Easement Area <br />in :iccordance with the terms hereof, Aibertson's shall have no further obligation with <br />rerpect to the Easement Area or the Grantor Tract. <br />3, Non-�xclusive Eusement. Albertson's acknowledges that the easement granted <br />hereby is a non-exclusive ezsement 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 />riehts grar.;sd to Albertson's hereby or have an adverse affect upon the stability or <br />structural in:egrity of the Slope Work. <br />4. Suc�essors und Assigns, 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. �Vithout <br />limiting the generality of the foregoing, this Agreement shall also be for the benefit of any <br />contracto� subcontractor, agent, employee, or representative of Albertson's, All of the <br />tcrms, covenants, conditions and agreements contained herein shall be deemed to be <br />covenants ronning with title to the respective tracts and shall run with, and constitute a <br />burdcn upon, tide to the respective tracts. <br />5, �nforcement. In the event either party is required to initiate or defend any legal <br />action or proceeding to enforce or interpret any of the terms, covenants, conditions or <br />agrcements contained herein, the prevailin; party in any such action or proceeding shall be <br />cnuUed to recover its reasonable costs and attomeys' fees (including reasor.able costs and <br />attor*�eys' fees on any appeal) as determined by the court in the same or any subseqiient <br />procceding. In the event of any violation or threatened violation of any of the terms, <br />2 <br />