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wires and the like under, upon or over the respective Driveway Easement which do not <br />unreasonably interfere with the dominant Owner's use of the Driveway Easement and <br />provided, further, that the servient Owner shall promptly repair any damage to the Driveway <br />Easement caused by such subsurface use. This Agreement does not dedicate the <br />Driveway Easement for public use or to the public in any manner whatsoever. <br />4. Installation of Driveway Surface. Top Ten shall construct the surface of the <br />portion of the Driveway Easement shown on Exhibit C ( "Driveway Installation "). Any <br />Driveway Installation described in this Section shall include without limitation (a) earth work <br />and grading; (b) the installation of an asphalt surface; and (c) new curbing, as may be <br />required. <br />5. Maintenance and Repair of the Driveway Easement. Each Owner shall <br />maintain the portion of the Driveway Easement on its property ( "Maintenance "). The <br />Owners agree that Maintenance shall include without limitation (a) maintaining the surfaces <br />at such grades and levels that they may be used and enjoyed as contiguous and <br />homogeneous common areas; (b) maintaining the surfaces in a level, smooth and evenly - <br />covered condition with the type of surfacing material originally installed or of similar quality, <br />use and durability; and (c) removing all papers, debris, snow, ice, filth and refuse and <br />thoroughly sweeping the Driveway Easement to the extent reasonably necessary to keep <br />the Driveway Easement in a neat, clean and orderly condition. Each Owner further <br />covenants and agrees to pay all real estate taxes and assessments for its respective <br />Property, subject to a bonafide contest which does not jeopardize the other Owner's rights <br />pursuant to this Agreement. <br />6. Rules and Regulations. Holiday and Top Ten shall have the right to enact <br />reasonable rules concerning the conduct and operation of the Driveway Easement situated <br />on their respective Property. <br />7. Barriers. Neither Owner may erect curbs, fences and landscaping or other <br />abutments on their respective Property which would in any way detract, prevent, hinder or <br />interfere in any way with the free flow and passage of vehicular and pedestrian traffic over, <br />to, from and between the Holiday Driveway Easement and the Top Ten Driveway <br />Easement, pursuant to the terms of this Agreement. <br />8. Insurance and Indemnification. Commencing with the date of this <br />Agreement and hereafter, each Owner shall, at its own expense, maintain general public <br />liability insurance against claims for personal injury or death or property damage <br />occasioned by accident occurring upon, in or about their respective Driveway Easement. <br />Each Owner will indemnify the other Owner and hold the other Owner harmless from and <br />against any and all claims, actions, damages, liability and expense in connection with loss <br />of life, personal injury or damage to property or any of the above, occasioned wholly or in <br />part by any act or omission of such Owner, its tenants, subtenants, agents, employees, <br />licensees or invitees on the Driveway Easement. The insurance coverage required under <br />this Section shall extend to any liability of the parties arising out of the above indemnities. <br />EasementAgreement3 <br />2 <br />