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� <br />�--�h� <br />.o�x <br />9�5lN <br />y xH <br />K o <br />oxo <br />'� H'� <br />VJ H <br />TH-o� <br />OH��y <br />H�1 [��7 O <br />y� V C] <br />zyy� <br />r h+ H <br />gy <br />H <br />c� C7 � <br />� r� r <br />t� r� <br />HOf�A <br />� � 0 <br />o � <br />� <br />m;inncr and in compliance with all applicable laws. Albertson's shall not permit any Iiens <br />to stand agsinst the Grantor Tract for any work done or materials futnished in connection <br />�viih thc Slope Work; provided, however, that Albertson's may contest the validity of any <br />such licn, but upon a final determination of the validity thereof, Albertson's shall cause the <br />licn to he satisfied and released of record, Upon completion of the Slope Work, <br />Alhcrtson's shall restore the slepe or steepness of the Easement Area to the same or lesser <br />slopc or steepness that existed immediately prior to performance of the Slope Work. If <br />Grantor has landscaped and/or installed sprinkler systems or other improvements within <br />tlic Lasement Area before Albertson's periorms 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 improvements of Grantor that are removed or damaged as a <br />result ot Albertson's performing the Slope Work, except that any mature trees shali be <br />rep�aced by nursery stock of the same species. In addition, Albertson's shall construct a <br />fence along the property line beriveen the Grantor Tract and the Albertson's Tract as <br />shown on the Plans and Specifications. Once Albertson's has restored the Easement Area <br />in accordance with the terms hereof, Albertson's shall have no further obligation «-ith <br />respect to the Easement Area or the Grantor Tract. <br />3, Non-Gxclusive �asement. 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 />rights granted to Albertson's hereby or have an adverse affect upon the stability or <br />structural integrity of the Slope Work. <br />4, Successors and 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, thefr hefrs, personal representatives, successors and assigns. Without <br />limiting tha generaliry of the foregoing, this Agreement shall also be for the benefit of any <br />contrzctor, subcontraetor, aEent, employee, or representative of Albereson'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 n <br />hurden upon, title to the respective tracts. <br />5, Enforcement, In the event either pazty is required to initiate or defend any legal <br />action or proceeding to enforce or interpret any oF tha terms, covenants, conditions or <br />agrcemcnts contained herein, the prevailing party in any such action or proceeding shall be <br />entitled to recover its reasonable costs and attorneys' fees (including reasonable costs and <br />�utorneys' fees on any appeal) � determined by the court in the same or any subsequent <br />procecding. In the event of any violation or threatened violation of any of the terms, <br />� <br />e <br />