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undertake for himself the same obligations as those imposed upon the Grantor, its successors
<br />and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the
<br />Interior or his successor or assign; (6) this covenant shall run with the land hereby conveyed,
<br />and shall in any event, without regard to technical classification or designation, legal or
<br />otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in
<br />favor of the Grantee and enforceable by the Grantee against the Grantor, its successors and
<br />assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the Replacement
<br />Property in order to determine compliance with the terms of this conveyance.
<br />The Grantor, its successors and assigns, shall indemnify, defend, protect, save and hold
<br />harmless the Grantee, its employees, officers, attomeys, agents, and representatives from and
<br />against any and all debts, duties, obligations, liabilities, law suits, claims, demands, causes of
<br />action, damages, losses, costs, and expenses (including without limitation attorneys' fees and
<br />expenses, consultant fees and expenses, expert fees and expenses, and court costs) arising out
<br />of any claim for personal injury or property damage (including death, illness, or loss of or
<br />damage to real or personal property or economic loss) that relates to the Grantor's failure to
<br />comply with the terms of this Declaration of Restrictions or from the use or occupancy of the
<br />Replacement Property by the Grantor, its successors, assigns, transferees, or agents.
<br />8. In the event that there is a breach by the Grantor, its successors or assigns, of any of the
<br />covenants, conditions, restrictions, and agreements set forth herein, whether caused by the legal
<br />or other inability of the Grantor, its successors or assigns, to perform said covenants,
<br />conditions, restrictions or agreements, the Grantee will give written notice, with a reasonable
<br />time stated therein, of such breach together with the actions required by Grantee in order to
<br />cure said breach. In the event Grantor, its successors or assigns, fails to cure such breach
<br />within the designated time frame set forth in the written notice, Grantor, for itself, its
<br />successors and assigns, covenants and agrees that Grantee shall be entitled to the following
<br />alternative remedies:
<br />a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed
<br />to the Replacement Property and shall allow Grantee the immediate right to reenter and
<br />take possession of the Replacement Property. Final acceptance of such deed shall be at the
<br />sole option of the Grantee.
<br />b. In the event Grantor, its successors and assigns, fails to comply with the remedy
<br />provided in Section 8(a) above, Grantor, for itself and its successors and assigns covenants
<br />and agrees that Grantee shall have the right to prosecute and complete a Quiet Title and
<br />Ejectment action, or other reasonably equivalent appropriate action, in a federal court of
<br />competent jurisdiction against Grantor, its successors and assigns and any other party -in -
<br />interest to the Replacement Property so that Grantee can acquire title and possession of the
<br />Replacement Property. By executing this Declaration of Restrictions, Grantor, for itself
<br />and its successors and assigns, hereby confesses judgment to Grantee to enable Grantee to
<br />complete such judicial proceedings. In addition, Grantor, for itself and its successors and
<br />assigns, agrees to pay Grantee all costs associated with any such judicial proceedings
<br />incurred by Grantee in acquiring title and possession of the Replacement Property.
<br />c. Until Grantee acquires and accepts title and possession to the Replacement Property at
<br />Centennial Park / GSA Ns Z-Calif-598B,C&D Page 16 of 22
<br />Deed of Release
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