2020-09-23_REVISION - M1977211 - Laserfiche WebLink

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any of the described lands shall occur, the transferor shall have no liability for any breach of covenant occurring after such transfer. Notwithstanding any other provision of this Agreement to the contrary, Grantee hereby expressly agrees that The Conservation Fund, a Maryland non- profit corporation, shall have no liability under this Agreement for any acts or omissions of the City occurring after The Conservation Fund's conveyance of the Buffer Property to the City. 12. Miscellaneous. The recitals set forth at the beginning of this Agreement and all exhibits attached hereto are incorporated herein by this reference. This Agreement and the terms, conditions and provisions hereof may be enforced by any of the parties hereto, and their successors and assigns by proceedings as law or in equity; and in the event legal or administrative suits or proceedings are brought against any party (whether a party to this instrument or not) for the purposes of such enforcement, the party or parties substantially prevailing shall recover from the non-prevailing party or parties all costs associated therewith, including but not limited to reasonable attorney fees, all as and to the extent permitted by law. The Easement is granted and conveyed without warranties of title and subject to existing easements or rights to use the Easement, deeds of trust, mortgages, reservations, restrictions, easements, covenants and all other matters whether or not of record. This Easement shall run with the land, Grantor's property being the Easement Area Property and the servient estate, and the Grantee's property being the Donation Property and the dominant estate, and shall remain an Easement on the land until its expiration in accordance with the provisions of this Agreement and Colorado law. This Agreement shall be construed and enforced in accordance with Colorado law. SIGNATURES ON FOLLO`VING PAGE \1CS-7608371000001-38532C v10 8