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<br /> <br />6 <br />Site: MINC CRAIG’S LIST <br />BUN: 830671 <br />4846-5132-9375.5101460\003078 <br />present and future real property taxes, transfer taxes, penalties, interest, roll-back or additional <br />taxes, sales and use taxes and all other fees and assessments, regardless of the taxing method that <br />are attributable to Grantor’s Property. Grantee agrees to reimburse Grantor the real property taxes <br />attributable to the Easement Area, provided they are not already paid pursuant to the Lease <br />Agreement. Grantor shall provide a copy of all tax bills and proof of payment of said tax bills to <br />Grantee. In the event that Grantor fails to pay all taxes on Grantor’s Property prior to such taxes <br />becoming delinquent, Grantee may, at its option, pay such taxes (the “Delinquent Taxes”) and <br />Grantee shall have the right to collect the Delinquent Taxes from Grantor together with interest on <br />the Delinquent Taxes at the greater of the (i) the rate provided by statute where the Easement is <br />located or (ii) 12% per annum (calculated from the date Grantee pays the Delinquent Taxes until <br />Grantor repays such sums due to Grantee) and shall have a lien against Grantor’s Property with <br />respect thereto. Failure of Grantor to comply, in whole or in part with this Section shall constitute <br />a default by Grantor of the terms hereof and entitle Grantee to the remedies provided in Section <br />14 of this Easement. <br />13. Waiver of Subrogation. The parties hereby waive any and all rights of action for <br />negligence against the other which may hereafter arise on account of damage to the Easement <br />Area or any other portion of Grantor’s Property, including improvements and personal property <br />located thereon, resulting from any fire or other casualty of the kind covered by property <br />insurance policies with extended coverage regardless of whether or not, or in what amount, such <br />insurance is now or hereafter carried by the parties. <br />14. Default. The following shall constitute events of default by Grantor: (a) Grantor’s <br />failure to comply with any portion of this Easement; (b) failure by Grantor to forward to Grantee <br />any payment as required in Section 4; (c) failure by Grantor to pay taxes as required in Section <br />12 of this Easement; (d) failure to timely pay any mortgages, loans, liens or judgments on <br />Grantor’s Property; (e) a default of the Lease Agreement, the cure of which is solely or partially <br />within the control of Grantor; and/or (f) any agreement, act or omission of Grantor resulting in, <br />or likely to result in, the termination or expiration of the Lease Agreement or any other lease <br />over the Easement Area or any portion thereof (each a “Default”). Grantee shall give Grantor <br />written notice of a Default. After receipt of such written notice, Grantor shall have ten (10) days <br />in which to cure any monetary Default and thirty (30) days in which to cure any non-monetary <br />Default. Grantor shall have a reasonable extended period as may be required beyond the thirty <br />(30) day cure period to cure any non-monetary Default if the nature of the cure is such that it <br />requires additional time to cure, and Grantor commences the cure within the thirty (30) day <br />period and thereafter continuously and diligently pursues the cure to completion. In the event <br />that Grantor is in default beyond the applicable period set forth above, Grantee may, at its option <br />(i) terminate this Easement and be relieved from all further obligations under this Easement; <br />(ii) perform the obligation(s) of Grantor in which case any expenditures made by Grantee in so <br />doing shall be deemed paid for the account of Grantor and Grantor agrees to reimburse Grantee <br />for said expenditures upon demand; (iii) take any actions that are consistent with Grantee’s <br />rights; (iv) sue for injunctive relief, specific performance, and damages; or (v) set-off such <br />amounts expended against any amounts due to Grantor. In the event that any sums expended by <br />Grantee pursuant to this Easement are not reimbursed by Grantor within thirty (30) days of <br />demand as provided hereunder, Grantee shall have the right to collect such amounts from