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2. <br />Enforcement <br />. The Grantor and Grantee have the right to enforce the terms of this Grant of <br />Easement in a legal or equitable action brought in a court of competent jurisdiction, and the <br />prevailing party in any such action is entitled to recover from the opposing party the prevailing <br />party’s attorney's fees and costs. No waiver by either party of any default under thisGrant of <br />Easement shall be effective or binding upon such party unless made in writing. No waiver of any <br />default shall be deemed a waiver of any other or subsequent default hereunder. <br />3. <br />Amendment or Termination. <br />No amendment, modification or termination of this Grant of <br />Easement shall be effective unless made by written instrument signed by Grantor and Grantee or <br />their respective successors and assigns. <br />4. <br />Run With Title. <br />The Easement and covenants described herein run with title to the Burdened <br />and Benefited Properties and inure to the benefit of and are binding upon all owners of the <br />Burdened and Benefited Properties, their heirs, personal representatives and successors in title. <br />5. <br />Non-Merger. <br />It is the intent of the Grantor that if, at any time, the Burdened Property and the <br />Benefited Property come under common ownership, the Easement created herein shall not merge <br />into any successor owner’s ownership. <br />6. <br />Counterparts. <br />This Grant of Easement may be executed in separate counterparts, all of which <br />may subsequently be assembled into one agreement for recording or other purposes. <br />7. <br />Headings. <br />The headings of sections in this Grant of Easement are forconvenience only. They <br />form no part of this Grant of Easement and shall not affect its interpretation. All schedules, <br />exhibits, addenda or attachments referred to are incorporated and made a part of this Grant of <br />Easement. <br />8. <br />Integration. <br />This Grant of Easement sets forth the entire agreement of the parties hereto with <br />respect to the subject matter hereof and supersedes all prior negotiations, understandings and <br />agreements, whether written or oral. <br />9. <br />Recording. <br />This Grant of Easement shall be recorded against the title to each of the properties. <br />10. <br />Governing Law. <br />This Grant of Easement shall be governed by and construed under the laws of <br />the State of Minnesota. <br />(Remainder of page intentionally left blank; signature page follows) <br />2 <br />4638290v3 <br /> <br />