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7. Maintenance of the Roadway Improvements. [To be maintained by the City <br />unless otherwise agreed prior to closing] <br />8. Enforcement. F &C, the City and any future owner of all or any portion of the <br />Property have the right to enforce the terms of this Declaration of Easement in a legal or <br />equitable action brought in a court of competent jurisdiction, and the prevailing party in any such <br />action is entitled to recover from the opposing party the prevailing parties attorney's fees and <br />costs. <br />9. Run With Title. The Public Roadway Easement runs with title to the City <br />Property and inures to the benefit of and is binding upon all the owners of the City Property and <br />the F &C Property, their heirs, successors and assigns. <br />2707737v11 <br />09/27/11 <br />C -2 <br />