Ordinance 2017-1745 - Laserfiche WebLink

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19 Termination of Rights and Obligations A party's rights and obligations under this Easement shall terminate upon transfer of the party's interest in the Easement or the Property, except that liability for acts or omissions occurnng pnor to transfer shall survive transfer 20 Enforcement In the event of a violation of any term, condition, covenant, or restriction contained in this Easement, after thirty (30) days' notice of violation to Grantor, Grantee may institute a suit to enjoin by temporary and/or permanent inunction such violation, or for damages for breach of covenant, or may take such other action as it deems necessary to ensure compliance with the terms, conditions, covenants and purposes of this Easement, provided, however, that any failure to so act by Grantee shall not be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant, or purpose of this Easement in the future Notwithstanding the above -stated requirements in this Paragraph, when Grantee reasonably believes an ongoing or threatened imminent activity violates this Easement, Grantee may, in its sole discretion, take immediate legal action including, but not limited to, filing a civil action to seek a temporary restraining order and/or injunctive relief 21 Costs of Enforcement If a violation by Grantor is determined to have occurred, any reasonable costs mcurred by Grantee in enforcing the terms of this Easement against Grantor, including without linutation any reasonable attorney fees and costs, and any reasonable costs of restoration necessitated by Grantor's violation of the terms of this Easement, shall be borne by Grantor 22 Waiver. Enforcement of the terms of this Easement shall be at the sole discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's nghts under this Easement No delay or omission by Grantee m the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver 23 Restoration Grantor further intends that if any prohibited activity is undertaken on the Property, Grantee shall have the nght to cause the restoration of that portion of the Property affected by such activity to the condition that existed prior to the undertaking of such prohibited activity In such case, the cost of such restoration shall be borne by Grantor 24 Interpretation This Easement shall be liberally construed in favor of this Easement to effect the purpose of this Easement and the policies and purpose of C R S §§ 38- 30 5-101 etseq 25 Exhibits All exhibits to this Easement are mcorporated herein by their reference 26 Entire Agreement This instrument sets forth the entire agreement of the Parties with respect to this Easement and supersedes all pnor discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein No alteration or Mayhoffer 3 IGA 16