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costs incurred by the prevailing party, including without limitation any costs incurred on <br /> appeal or in any bankruptcy proceeding. If the prevailing party has in-house legal staff,the <br /> prevailing party is entitled to compensation for legal staff time. <br /> J. Enforcement. The parties are expressly entitled to equitable remedies <br /> to enforce this Covenant, including without limitation injunctions and specific performance. <br /> These equitable remedies are in addition to any other remedies a party may have under this <br /> Covenant or applicable law. <br /> K. Old Covenant Superseded. This Covenant replaces and supersedes the <br /> Old Covenant in its entirety. <br /> L. Lot Configuration Changes. Simultaneously with this Covenant, <br /> the parties executed and recorded an Amended and Restated Public Access Covenant and <br /> Agreement regarding Lot 2 ("Lot 2 Covenant"). If the boundary between the Lot 2 and <br /> Lot 3 changes after the recording of this Covenant, then both this Covenant and the Lot 2 <br /> Covenant shall be construed to coordinate together in accordance with the new lot <br /> boundary. For example, if the boundary between Lot 2 and Lot 3 is moved in a northerly <br /> direction,then(i) a First Property Non-Water Development Permit on new Lot 2 triggers <br /> obligations for Public Access Shoreline Improvements only for new Lot 2 and(ii)the First <br /> Property Non-Water Development Permit on new Lot 3 triggers obligations for Public <br /> Access Shoreline Improvements for the entirety of new Lot 3, including the portion of new <br /> Lot 3 that was previously part of Lot 2 in the 2012 BLA. <br /> [REMAINDER OF PAGE BLANK; SIGNATURES APPEAR ON FOLLOWING <br /> PAGES] <br /> Public Access Covenant and Agreement Page 7 <br />