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6. Damage to Proiect Site or Proiect. If any Work conducted by or on behalf of the
<br />Grantee causes damage to any portion of the Grantor Property, after notice from Grantor
<br />identifying such damages and demanding that such damage be repaired, Grantee shall, within a
<br />reasonable timeframe as agreed to by the Parties, repair such damage at its expense. If the Grantee
<br />fails to repair such damage within the agreed timeframe, then Grantor may, but shall not be
<br />obligated to, complete the necessary repairs, in which case the Grantee shall reimburse Grantor all
<br />costs incurred by Grantor to complete the repairs upon thirty (30) days written demand
<br />accompanied by reasonable evidence of such costs.
<br />7. Indemnity. The Grantee shall indemnify, defend, and hold the Grantor, its agents,
<br />directors, employees, managers, members, officers, and partners and their respective assigns and
<br />successors harmless from and against any and all claims, penalties, fines, losses, costs, damages,
<br />liabilities or expenses (including reasonable attorneys' fees actually incurred and court costs)
<br />(collectively, the "Claims") for any and all injuries to persons or damages to property incurred by
<br />Grantor in connection with the Easements and rights created herein, except to the extent caused by
<br />the negligence or willful acts or omissions of the Grantor or its employees, tenants, contractors,
<br />agents or licensees.
<br />8. Duration of Easements. Binding on Successors and Assi ns. The nonexclusive
<br />Maintenance Easement created herein is hereby declared to be perpetual, and is appurtenant to and
<br />shall run with the benefitted and burdened Property, and shall be binding on, and inure to the
<br />benefit of, the then owners of the benefited and burdened Property, and any portions thereof, and
<br />their respective legal representatives, successors and assigns and on all parties having or acquiring
<br />any right, title, interest, or estate in any Property. The nonexclusive Temporary Construction
<br />Easement shall terminate in the timeframe as set forth in Section 2.b. herein, and for as long as it
<br />remains in effect, shall be appurtenant to and shall run with the bcnefitted and burdened Property,
<br />and shall be binding on, and inure to the benefit of, the then owners of the benefited and burdened
<br />Property, and any portions thereof, and their respective legal representatives, successors and
<br />assigns and on all parties having or acquiring any right, title, interest, or estate in any Property. .
<br />9. Amendment to this Agreement. This Agreement may be modified, amended, or
<br />terminated, in whole or in part, only by the written consent of the then owners of record of the
<br />Properties. Any modification, amendment, or termination of this Agreement shall become
<br />effective only upon recording the same in the Office of the Recorder of St. Joseph County, Indiana.
<br />10, No Dedication for Public Use. This Agreement is not intended to, and does not,
<br />constitute a dedication for public use of all or any portion of the Easement Areas, and the rights
<br />granted herein are private.
<br />11. Remedies, Cure Ri hts• Waivers. In the event either Party is in breach or default
<br />of its obligations hereunder, the non -defaulting Party may enforce this Agreement against the other
<br />Party by seeking injunctive relief, specific performance, or any other remedy available at law or
<br />in equity, but in all events excluding any special, indirect, consequential, or punitive damages. In
<br />any action arising out of this Agreement, the prevailing Party in such action shall be entitled, in
<br />addition to all other relief granted, to its reasonable costs and expenses, including, without
<br />limitation, reasonable attorneys' fees and costs set by the court. Neither Party shall be considered
<br />in breach or default of its obligations under this Agreement until the non -defaulting Party has given
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