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Agreement, the owner of the Grantee Property shall provide a written notice to the Maintenance
<br /> Agent at the address set forth herein for Grantee describing in detail the necessary repair,
<br /> replacement or maintenance and the estimated cost of such repair, replacement or maintenance,
<br /> and giving the Maintenance Agent thirty (30) days within which to commence and diligently
<br /> pursue completion of the repair, replacement or maintenance. In the event the Maintenance
<br /> Agent does not commence the requested repair, replacement and/or maintenance within such
<br /> thirty (30) day period and diligently pursue completion thereof, the owner of the Grantee
<br /> Property, its successors and/or assigns may complete the requested repair, replacement and/or
<br /> maintenance and seek reimbursement from the Maintenance Agent, which reimbursement
<br /> payment must be paid within fifteen (15) days after the receipt of such written request for
<br /> reimbursement.
<br /> Section 3. Grantor's Use of Grantor Property. Grantor shall have the right use the
<br /> Grantor Property for all purposes not inconsistent with the permitted uses thereof by Grantee, its
<br /> successors and assigns; provided, that, Grantor shall not construct or place or permit to be
<br /> constructed or placed, any structure or obstruction on the Grantor Property that will unreasonably
<br /> prevent or interfere with Grantee's use of the Grantor Property for the purposes permitted herein.
<br /> Section 4. Real Estate Taxes. The Maintenance Agent shall be responsible for the
<br /> payment of all real property taxes and assessments, of any nature whatsoever (the "Taxes"),
<br /> which are levied against the Grantor Property; provided that Grantor shall reimburse the
<br /> Maintenance Agent upon demand for such Taxes on a reasonably equitable basis to the extent
<br /> the Grantor Property is being used for purposes other than the permitted uses thereof by Grantee.
<br /> General Provisions
<br /> Section 5. Nature and Assignment of Easement. The terms "Grantee" and "Grantor"
<br /> shall refer to the owner of the Grantee Property and the Grantor Property, respectively, from time
<br /> to time, and their successors and assigns, including any holder of the fee simple estate of the
<br /> Grantee Property. The obligations and covenants contained herein shall run with the land and
<br /> shall be binding upon and shall inure to the benefit of the parties hereto and their successors,
<br /> assigns, invitees, tenants, customers and licensees. When any person or entity who is a Grantor
<br /> shall sell or assign its entire interest or estate in the Grantor Property, it shall have no further
<br /> liability for the performance thereafter of the obligations of the Grantor hereunder other than
<br /> those that accrued while it owned the Grantor Property. When any person or entity who is a
<br /> Grantee shall sell or assign its entire interest or estate in the Grantee Property, it shall have no
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<br /> further liability for the performance thereafter of the obligations of the Grantee hereunder other
<br /> than those that accrued while it leased and occupied the Grantee Property.
<br /> Section 6. Indemnification. Grantee agrees to indemnify, defend, and hold Grantor
<br /> harmless from and against any and all liability, loss, claims, damages, penalties, fines, costs and
<br /> expenses, including, without limitation, reasonable attorneys' fees, and for any and all injury to
<br /> persons or damage to property, that arise from or out of a breach of its covenants and obligations
<br /> hereunder and/or its negligence or willful acts or omissions, except to the extent caused by the
<br /> negligent or willful acts or omissions of Grantor or its licensees, suppliers, agents, customers or
<br /> invitees. Grantor agrees to indemnify, defend, and hold Grantee harmless from and against any
<br /> and all liability, loss, claims, damages, penalties, fines, costs and expenses, including, without
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