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Estate and its respective heirs, devisees, personal representatives, successors and assigns, who from
<br />time to time hold legal or equitable title to all or portions of the Real Estate. The terms, provisions,
<br />conditions, covenants and agreements contained in this Agreement are intended to be permanent (as
<br />set forth at Paragraph 1) and appurtenant to and run with the title to the Real Estate and the Property
<br />Interest, and shall bind and inure to the benefit of the parties hereto and their respective heirs,
<br />devisees, personal representatives, successors and assigns, who from time to time hold legal or
<br />equitable title to all or portions of the Real Estate or the Property Interest.
<br />7. Enforcement. In the event of a breach or threatened breach of any of the terms,
<br />provisions, conditions, covenants and agreements contained in this Agreement in addition to any
<br />other remedy provided herein or at law or in equity, any affected party shall be entitled to full and
<br />adequate relief by injunction and/or all other available legal and equitable remedies, including,
<br />without limitation, suit for collection of amounts due and specific performance; however, the non -
<br />breaching party shall not have the right to terminate the breaching party's rights and benefits
<br />hereunder. In any legal action or proceeding to enforce the terms, provisions, conditions, covenants
<br />and agreements contained in this Agreement, the prevailing party shall be entitled to recover
<br />reasonable attorney's fees and court costs.
<br />8. Severability. If any term, provision, condition, covenant of agreement contained in
<br />this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability
<br />of the remaining terms, provisions, conditions, covenants or agreements contained in this Agreement
<br />shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term,
<br />provision, condition, covenant or agreement, there shall be added to this Agreement a legal, valid
<br />and enforceable term, provision, condition, covenant or agreement as similar as possible to the term,
<br />provision, condition., covenant or agreement declared illegal, invalid or unenforceable.
<br />9. Governing Law. This Agreement shall be governed by and construed in accordance
<br />with the laws of the State of Indiana, and all parties hereto irrevocably agree that venue for any
<br />dispute involving this Agreement shall be in any court of competent jurisdiction in St. Joseph
<br />County, Indiana.
<br />10. Entire A egrr ement. This Agreement, including the exhibit attached hereto, embodies
<br />the entire agreement between the parties hereto with respect to the subject matter hereof and
<br />supersedes all prior agreements, written or oral, with respect to the subject matter hereto.
<br />11. Non -waiver of Purchase or Condemnation Rights. The Grantor reserves the right to
<br />remove the encroachment by providing for its relocation or removal through a negotiated purchase of
<br />the encroachment interest or through the condemnation process should the Grantor determine that the
<br />Easements present a safety hazard to the public or the full use of the right-of-way at this location is
<br />required.
<br />12. Indemnity. The Grantee agrees to indemnify, defend and hold harmless the Grantor,
<br />its agents and employees, from any claim, suit, cause of action or loss of any kind, including
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