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, ! r <br /> Grantee shall perform the construction,repair and maintenance of its installations("Grantee's Work") <br /> in such a manner so as to not unduly disrupt the operation of the McDonald's restaurant on the Premises. <br /> Grantee agrees to restore the Premises, at its sole cost, to the same condition which existed prior to <br /> the commencement of Grantee's Work. <br /> Grantee agrees to indemnify, defend and hold Grantor harmless against any and all claims, liability <br /> and costs (including, but not limited to reasonable attorneys' fees and costs) for any and all injuries to <br /> persons and for any and all damage to property occurring as a result of Grantee's failure to safely and <br /> properly maintain its installations on the Premises. <br /> 3. WARRANTIES OF TITLE <br /> Grantor warrants that Grantor has good and indefeasible fee simple title to the easement premises; <br /> that Grantor has the full right and lawful authority to grant these easements, that Grantor will defend and <br /> indemnify Grantee against all lawful claims, and that Grantee shall and may peaceably have, hold and <br /> enjoy the easements. <br /> 4. RUNNING OF BENEFITS <br /> All provisions of this instrument, including the benefits and burdens, run with the land and are <br /> binding upon and inure to the benefit of the heirs, assigns, licensees, invitees, successors, tenants, <br /> employees and personal representatives of the parties. <br /> 5. DEFAULT <br /> If there is a failure by Grantee to perform, fulfill or observe any agreement contained within this <br /> Easement Agreement, to be performed, fulfilled or observed by it, continuing for thirty (30) days, or in <br /> situations involving potential danger to the health or safety of persons in, on or about or substantial <br /> deterioration of Parcel 1 in each case after written notice, the Grantor may, at its election, cure such <br /> failure or breach on behalf of Grantee. Any amount which the Grantor so elects shall expend for such <br /> purpose, or which shall otherwise be due by Grantee to Grantor, shall be paid to Grantor to whom due on <br /> demand, without contest,upon delivery of its invoice,together with interest at the lower of(1) the rate of <br /> ten percent (10%) per annum, or (2) the maximum rate permissible from time to time under applicable <br /> law, from the date of the expenditure or the date when it shall have become due to the date of payment in <br /> full. <br /> 6. CONSTRUCTION <br /> The rule of strict construction dces not apply to this grant. This grant shall be given a reasonable <br /> construction so that the intention of the parties to convey a commercially usable right of enjoyment to <br /> Grantee is carried out. <br /> 2 <br />