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12. Severability. If any provisions of this Easement or the application thereof to any <br />person or circumstance is found to be invalid, the remainder of the provisions of this Easement <br />and the application of such provisions to persons or circumstances other than those as to which it <br />is found to be invalid, shall not be affected thereby. <br />13. Entire Agreement. This instrument and the attached Exhibits contain the entire <br />agreement between the parties relating to the Easement and may be modified only by an <br />instrument in writing executed by both parties. <br />14. Exhibits. All references to exhibits herein shall incorporate such exhibits by their <br />reference. <br />15. Counterparts. This Easement may be executed in one or more counterparts, each <br />of which when so executed shall be deemed an original, and such counter parts together shall <br />constitute one and the same instrument. <br />16. No Waiver. The waiver by any party to this Easement of any term or condition of <br />this Easement shall not operate or be construed as a waiver of any subsequent breach by any <br />party. <br />17. Encumbrances. Grantee acknowledges this Easement is subject to all prior <br />recorded encumbrances of Grantor's Property. <br />[Remainder of page intentionally left blank] <br />Callahan Open Space Access and Utility Easement <br />5 <br />