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2. <br />2.2 Notwithstanding anything to the contrary in this Agreement, the Easement granted <br />herein (i) shall not encumber any portion of the Property that is intended to and ultimately does <br />contain improvements, such as roads, trails, parks, sidewalks or other improvements, as authorized <br />or contemplated by the Development Contract or any Development Agreement for separate phases <br />of the Property, and (ii) shall not prohibit Grantor from grading or performing construction or <br />development work or staging activities on portions of the Property authorized for such work <br />pursuant to the Development Contract or any Development Agreement for separate phases of the <br />Property. <br />3. Environmental Matters. Grantee undertakes no responsibility hereunder for any costs, <br />expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or <br />losses resulting from any claims, actions, suits or proceedings based upon a release of any <br />hazardous substances, pollutants, or contaminants on or under the Easement Area occurring prior <br />to the date of this instrument. <br />4. Binding Effect. The terms and conditions of this instrument shall run with the land and <br />be binding on the Grantor, and their respective successors and assigns. <br />(The remainder of this page left blank intentionally.)