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11. In furtherance of this Avigation Easement, and rights herein granted, Grantor and
<br />its successors, and assigns, hereby covenant at all times hereafter, that it/they will not cause or allow
<br />any electronic or other transmissions or emissions, glare, misleading lighting, smoke, dust, visual
<br />impairments, or other hazards to the Navigable Airspace to exist on the Subject Property, and will
<br />not erect or grow, or allow to be erected or grown, any obstruction to the Navigable Airspace on
<br />the Subject Property which would conflict or interfere with or infringe on the City's rights herein
<br />granted. Grantor, individually and for its successors, assigns, and other persons using the Subject
<br />Property with the implied or express consent of Grantor, further grants, conveys and assigns to the
<br />City, and to its successors and assigns, a continuing right of entry onto the Subject Property, at
<br />reasonable times and after reasonable notice, for the purpose of removing, marking, or lighting any
<br />structure or other object that enters into the Navigable Airspace above the Subject Property, or
<br />otherwise conflicts or interferes with or infringes on any of the rights granted to the City under this
<br />Avigation Easement.
<br />12. Subject to the provisions set forth above, the rights, easements, benefits,
<br />restrictions, covenants and agreements granted herein, including this Avigation Easement, shall
<br />continue notwithstanding any increase or other change in the boundaries, volume of operations,
<br />noise, or pattern of air traffic at JWA. This Avigation Easement may not be modified, amended,
<br />terminated, or abandoned except by execution and delivery of an instrument executed and
<br />acknowledged by the City, or its authorized agents, successors, or assigns, and Grantor agrees
<br />that, in the absence of such an instrument, no conduct by the City, or is agents, successors and
<br />assigns, or increase, diminution, or change in use of this Avigation Easement, shall constitute
<br />an overburdening of this Avigation Easement or a termination or abandonment of this
<br />Avigation Easement.
<br />13. The parties to this Avigation Easement acknowledge and agree that the
<br />easement, and all the rights, easements, benefits, restrictions, covenants and agreements set forth
<br />herein shall run with the land of the Grantor and the Airport, and any successor or assign of the
<br />Grantor who acquires any estate or interest in or right to use the Subject Property shall be bound
<br />by this Avigation Easement for the benefit of the City of Santa Ana and its agents, successors and
<br />assigns, including, without limitation, all users of JWA. The parties to this Avigation Easement
<br />further acknowledge and agree that the easement, and all the rights, easements, benefits ,
<br />restrictions, covenants and agreements set forth herein shall be deemed to be in gross, being
<br />conveyed to the City for the benefit of the City and any and all members of the general public
<br />who may use said easement or right-of-way.
<br />14. Grantor, together with its successors and assigns, hereby waives its right to legal
<br />action against the City, and its successors and assigns, for monetary damages or other redress due
<br />to impacts described in this Avigation Easement, including but not limited to those impacts
<br />described in Paragraphs 8 and 9, above, that result from aircraft operations to and/or from JWA in,
<br />to, over, and through the Navigable Airspace above the Subject Property.
<br />15. This Avigation Easement constitutes an enforceable restriction pursuant to the
<br />provisions of California law, including, but not limited to, Section 21652 of the California Public
<br />Utilities Code, and shall bind Grantor, and its successors and assigns, and each and all of them, and shall
<br />be appurtenant to, and for the benefit of the real property commonly known as the City of Santa Ana, a
<br />charter city and municipal corporation organized and existing under the Constitution and laws of the
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