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�r� <br />h <br />a�H <br />HxCHn <br />y 5H <br />K o <br />o xo <br />� ��� <br />V1 H <br />�o� <br />OHd <br />Hh� <br />G) V C] <br />�H� <br />HH <br />gy <br />H <br />C] C7 C� <br />��� <br />H O f�n <br />� S I <br />. ., <br />2, Construction nnd Restorntion Work Albertson's shall diligendy prosecute the <br />Slopc Work to completion and shall perform the Slope Work in a good and workmanlike <br />m;inner and in compliance with all applicable laws. Albertson's shall not permit any liens <br />ro stand against the Grantor Tract for any work done or materials furnished in connection <br />with thc Slope Work; provided, however, that Albertson's ma;� contest the validity of any <br />such lien, Uut upon a final determination of the validity thereof, Albertson's shall cause the <br />licn to be satisfied and released of record. Upon completion of the Siope Work, <br />Albcrtson's shall restore the slope or steepness of the Easement Area to the same or lesser <br />slope or steepness that existed i;nmediately prior to performance of the Slope \Vork. If <br />Grantor has landscaped and/or installed sprin}:ler systems or other improvements withia <br />the Lasement 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 />sprinklcr systens or other improvements 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 />rcplaced by nursery stock of the same species. In addition, Albertson's shall construct a <br />fence along the property iine behveen the Grantor Tract and the Albertson's Tract as <br />shown on the Plans and Specifications. Once Albertson's has restored tlie Easement Area <br />in accordance with the terms hereof, Albertson's shall have no further obligation with <br />respect to the Easement Area or the Grantor Tract. <br />3. Non-Exclus[ve Easement. Albertson's acknowledges that the easement granted <br />hereby is a non-exclusive easement and that Grantor shali retain, reserve and continue to <br />cnjoy 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 al! the terms, covenants, <br />conditions and agreements contained herein shall inure to the benefit of and be binding <br />tipon 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 />contractor, subcontractor, agent, employee, or representative of Albertson's, All of the <br />tcnns, 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 />burden upon, title to the respective tracts. <br />5. Gnforcement. 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 prevailing party in any such action or proceeding shall be <br />cntitled to recover its reasamble costs and attorneys' fces (including reasonable costs and <br />2 <br />