3.10 EDSR 01-17-2017 - Laserfiche WebLink

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or replacing such damage. “Material damage” for purposes hereof means damage that costs $5,000or more to repair or replace. Such reimbursement shall be made within ten (10) days after written request therefor, supported by copies of invoices documenting such costs. 5.Obstruction of Easement.The Cross-AccessEasement may not be used for the parking or storing of vehicles, boats, motors, campers, trailers, motorcycles, snowmobiles, recreational or other vehicles.Nogate, fence, barrier or other obstruction, interference, or impediment which would unreasonably obstruct, interfere or impede pedestrian and vehicular trafficfor the purposes stated in this Agreement shall be erected, created, permitted orsuffered within the Cross-AccessEasement, except as necessary for controlling normal traffic flows, and, on a temporary basis, for construction purposes, and then only to such extent as to cause the least possible interference with the use thereof, and no overburdening of or to the Cross- AccessEasement shall be caused by unusual increases in traffic volume or load bearing. 6.Transferability of Easement.This Agreement shall run with the land, and every portion thereof, and shall inure to the benefit of, and shall be binding upon, each and every owner, and the successors and assigns of the parties hereto. 7.Enforcement. If a party breaches the terms of this Agreement and such breach continues for ten (10) days after written notice from the other party specifying such breach and the action required to cure the same, such party shall be a Defaulting Party, and the non-breaching party shall have all rights and remedies granted at law or in equity, including without limitationthe right to seek mandatory or prohibitory injunctive relief, the right to take such actions as reasonably shall be required to rectify such breach and the right to recover from the Defaulting Party all costs incurred by the non-breaching party in doing so, with interest thereon from the date incurred to the date reimbursed at the rate of eight percent (8%) per annum. In addition, the non-breaching party shall be entitled to recover from the Defaulting Party its reasonable attorney’s fees and court costs incurred in enforcing the terms of this Agreement, regardless whether suit is actually commenced. In no event shall a Defaulting Party be denied the right to use the Cross-AccessEasement for the purposes specified in this Agreement.The failure to enforce any provision of this Agreement upon any violation thereof shall not constitute a waiver of the right to do so for any subsequent such violation. 8.Amendments. This Agreement may be amended only by a written instrument duly recorded in the appropriate real estate recording office in and for Sherburne County, Minnesota. 9.Counterparts. This Agreement may be executed in several counterparts,each of which shall constitute an original but all of which together shall constitute a single agreement. 10.Severability. The invalidation by judgment, court order or otherwise, of any one of the covenants, conditions, restrictions, reservations or easements in this Agreementshall in no way affect any of the other provisions which shall remain in full force and effect. 11.Governing Law. This Agreement, and all rights and duties created herein, shall be applied, interpreted and construed in accordance with the laws of the State of Minnesota, and all obligations created hereunder may be enforced by the parties hereto either at law or in equity. Page 3of 10