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2 <br /> <br />3. The use of the Easement Tract by the current and future owners of <br />Exhibit B specifically excludes the placement or parking, temporary or <br />otherwise, of any vehicle, machinery, equipment, barriers, signs, fences, or <br />other property on said Easement Tract, or any other act of the current and <br />future owners of Exhibit B or their invitees, which in any manner interferes <br />with the free and unrestricted ingress and egress across the Easement Tract. <br /> <br />4. The restriction in paragraph 3 shall not prohibit the current and future <br />owners of Exhibit B from restricting ingress and egress for the purpose of <br />maintaining, repairing, replacing and other related improvements on the <br />Easement Tract. <br /> <br />5. Cost of Maintenance. The Owner shall maintain and repair said Easement <br />Tract in good order and serviceable condition conforming to local <br />ordinances and/or agreements between the parties. "Maintenance" shall <br />include, but not be limited to, placement of gravel and removing of snow <br />from the Easement Tract. All costs of maintenance shall be paid by the <br />Owner. <br /> <br />6. In the event that the Owner fails to maintain the Easement Tract, the City <br />may undertake repair of the Easement Tract, may perform the Maintenance, <br />and in that event, shall invoice the Owner for the Maintenance. <br /> <br />7. Owner shall, at all times, use its best efforts to conduct all of its activities on <br />the Easement in a manner that does not interfere with or impede the City <br />operation or activities on the City Property in any manner whatsoever. <br /> <br />8. Easement Appurtenant/Binding Effect. The terms of this Agreement shall <br />run with and be appurtenant to the lands described herein, and this <br />Agreement shall be binding upon and inure to the benefit of the parties <br />hereto and their respective successors and assigns. <br /> <br />9. Indemnity. Owner and, its successors in title and assigns agrees to <br />indemnify, save and hold harmless the City, its agents, directors, employees, <br />agents and contractors against any and all claims, costs, liabilities, including <br />costs of defense for damages, injury or death arising from or in any way <br />arising out of the use of the Easement. <br /> <br />10. Entire Declaration/Amendments. This Agreement contains the entire <br />Agreement and understanding with reference to the easement created