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with the Replacement Property, a written agreement pursuant to which such other person shall, with
<br />respect to the services or benefits which he is authorized to provide, undertake for himself the same
<br />obligations as those imposed upon the Grantor, its successors and assigns, by this covenant, and (b)
<br />furnish a copy of such agreement to the Secretary of the Interior or his successor or assign; (6) this
<br />covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical
<br />classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and
<br />equity for the benefit of, and in favor of the Grantee and enforceable by the Grantee against the Grantor,
<br />its successors and assigns; and (7) the Grantee shall have a right of access to, and entrance upon, the
<br />Replacement 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 harmless the
<br />Grantee, its employees, officers, attorneys, agents, and representatives from and against any and all
<br />debts, duties, obligations, liabilities, law suits, claims, demands, causes of action, damages, losses, costs,
<br />and expenses (including without limitation attorneys' fees and expenses, consultant fees and expenses,
<br />expert fees and expenses, and court costs) arising out of any claim for personal injury or property
<br />damage (including death, illness, or loss of or damage to real or personal property or economic loss) that
<br />relates to the Grantor's failure to comply with the terms of this Declaration of Restrictions or from the
<br />use or occupancy of the Replacement Property by the Grantor, its successors, assigns, transferees, or
<br />agents.
<br />8. In the event that there is a breach by the Grantor, its successors or assigns, of any of the covenants,
<br />conditions, restrictions, and agreements set forth herein, whether caused by the legal or other inability of
<br />the Grantor, its successors or assigns, to perform said covenants, conditions, restrictions or agreements,
<br />the Grantee will give written notice, with a reasonable time stated therein, of such breach together with
<br />the actions required by Grantee in order to cure said breach. In the event Grantor, its successors or
<br />assigns, fails to cure such breach within the designated time frame set forth in the written notice,
<br />Grantor, for itself, its successors and assigns, covenants and agrees that Grantee shall be entitled to the
<br />following alternative remedies:
<br />a. Grantor, or its successors and assigns, shall deliver to Grantee a general warranty deed to the
<br />Replacement Property and shall allow Grantee the immediate right to reenter and take possession of
<br />the Replacement Property. Final acceptance of such deed shall be at the sole option of the Grantee.
<br />b. In the event Grantor, its successors and assigns, fails to comply with the remedy provided in
<br />Section 8(a) above, Grantor, for itself and its successors and assigns covenants and agrees that
<br />Grantee shall have the right to prosecute and complete a Quiet Title and Ejectment action, or other
<br />reasonably equivalent appropriate action, in a federal court of competent jurisdiction against
<br />Grantor, its successors and assigns and any other party -in -interest to the Replacement Property so
<br />that Grantee can acquire title and possession of the Replacement Property. By executing this
<br />Declaration of Restrictions, Grantor, for itself and its successors and assigns, hereby confesses
<br />judgment to Grantee to enable Grantee to complete such judicial proceedings. In addition, Grantor,
<br />for itself and its successors and assigns, agrees to pay Grantee all costs associated with any such
<br />judicial proceedings incurred by Grantee in acquiring title and possession of the Replacement
<br />Property.
<br />c. Until Grantee acquires and accepts title and possession to the Replacement Property at its sole
<br />option and in accordance with the terns of Section 8(a) or 8(b) above, Grantor, for itself and its
<br />successors and assigns, covenants and agrees to be fully responsible to provide protection to and
<br />maintenance of said property at all times until such time as the title is actually accepted by the
<br />Grantee, including the period of any notice of intent to exercise Grantee's rights. Such protection
<br />Z-Catif-598B,C&D 3 of 10
<br />Replacement Property #1—Raitt-M}+tle Park Site
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