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7. Compliance with Laws. Each Party shall, in exercising all rights granted under this
<br />Agreement, comply with all Laws.
<br />8. Exercise of Rights. Any exercise of any right granted hereunder to Grantee with
<br />respect to Grantor's Property including, without limitation, the use of the Access Easement granted
<br />by this Agreement, shall be exercised in a manner which shall not unreasonably hinder, impede or
<br />impose upon Grantor's use of Grantor's Property.
<br />9. Indemnification. Grantee shall for itself, its agents, contractors, tenants, employees,
<br />customers, licensees, guests, invitees, successors and assigns ("Grantee's Agents"), indemnify
<br />and save harmless Grantor and its agents, representatives, successors and assigns from and against
<br />any and all expenses, claims, actions, liabilities, losses, damages (including attorney's fees and
<br />costs), and costs of any kind arising out of, or in any way connected with Grantee's or Grantee's
<br />Agents' use of the Access Easement, unless such expense or damage is the result of Grantor's or
<br />Grantor's agents, contractors, tenants, employees, customers, licensees, guests, invitees,
<br />successors and assigns.
<br />10. Relocation of Access Easement. The Parties agree that Grantor or its successors,
<br />in Grantor's or its successors' sole subjective discretion, may, at the expense of Grantor or
<br />Grantor's successor, relocate the Access Easement to any other location on Grantor's Property so
<br />long as the new route provides reasonable access across Grantor's Property to Grantee's Property.
<br />In the event the Access Easement is relocated in accordance with the terms of this paragraph,
<br />Grantee authorizes Grantor to record an amendment to this Agreement with a description of the
<br />relocated easement.
<br />11. Entire Agreement. This Agreement constitutes and incorporates the entire
<br />agreement among the Parties hereto concerning the subject matter of this Agreement and
<br />supersedes any prior agreements concerning the subject matter hereof.
<br />12. Modification, No Waiver. No provision or term of this Agreement may be
<br />amended, modified, revoked, supplemented, waived, or otherwise changed except by a written
<br />instrument duly executed by the Parties hereto or such others as may from time to time own an
<br />interest in Grantor's Property or Grantee's Property, unless provided otherwise in this Agreement,.
<br />Waiver by any Party of any agreement, condition, or provision contained in this Agreement will
<br />not be deemed to be a waiver of any subsequent breach of the same or any other agreement,
<br />condition, or provision contained in this Agreement.
<br />13. Attorneys' Fees. If any action is commenced between the Parties concerning this
<br />Agreement or for the enforcement of rights and duties of any Party pursuant to this Agreement,
<br />the court shall award the substantially prevailing Party in the action all or part of his or her or its
<br />reasonable attorneys' fees, as the court deems just, in addition to any other relief that may be
<br />granted.
<br />14. Severability. If any provision of this Agreement shall be held invalid, illegal, or
<br />unenforceable in any jurisdiction, the validity, legality, and enforceability of the remaining
<br />provisions of this Agreement shall not be impaired thereby.
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