25G - AGMT - COUNTY EASEMENT SA BLVD AND FLOWER

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amended and will relate back and be in place as of the initial date of this Second Easement Deed and Agreement prior to said revision of "Exhibit A" and/or "Exhibit A -1" and "Exhibit B" and /or "Exhibit B-1". Said revision shall be accomplished by recording an amendment to this agreement after approval of the revised exhibits by the City Engineer or designee. 9. EXCEPTIONS AND RESERVATIONS GRANTOR hereby reserves for itself and its successors and assigns, such surface, subsurface, and aerial rights as will not interfere with or prohibit the reasonable use by GRANTEE, its successors and assigns, of the rights and easements herein granted. Upon the effective date of this Agreement, or any easement relocation as mentioned hereirabove, GRANTOR shall not place or permit any improvements on the Easement Area which will Interfere with the reasonable full enjoyment by GRANTEE of the easement rights hereby granted. This grant is subject to all matters of record including but not limited to contracts, leases, licenses, easements, liens, encumbrances, covenants, conditions, restrictions, reservations, rights, rights of way and claims of record or apparent or of which GRANTEE has actual notice which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. 10. SUCCESSORS AND ASSIGNS The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 11. CALENDAR DAYS Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 11 ATTORNEY'S FEES In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense,, each party shall bear Its own attorney's fees and costs, 13. AMENDMENTS No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the Official Records of the County of Orange. 14. AUTHORITY The parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 5 25G -13