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t <br /> • <br /> • - r ' <br /> ii promises and duties of each Party set (bah in this REA shall be construed as covenants and not as <br /> ; conditions, and that, to the fullest extent legally possible, all such covenants shall run with the land or constitute <br /> I <br /> equituble r'ervitudes as between the Parcel of the respective covenant. us the servicnt tenement, and the Parcel of <br /> the respective covenants, as the dominant tenement. <br /> Unless the context indicates otherwise and where expressly pmvided to the contrary, every covenant, <br /> easement. agreement anti promise of each Puny as set forth in this REA shall be deemed a covenant. easement, <br /> agrecntent and promise made for the joint and several benefit of the other Panics and every duty of cach Party • • <br /> as set forth in this REA shall be deemed to run to and for the joint and several benefit of the other Parties. <br /> 17.11 Rinht to Enjoin/specific Performance. if a Party violates or threatens to violate any provision or <br /> this REA, any other Party shall have the right, subject to the provisions of Article 13, to apply to a court of <br /> competent jurisdiction for an injunction against such violation or threatened violation. or for specific performance <br /> of the subject provision. but nothing in this Section shall be deemed to affect whether or not injunctive relief or <br /> specifi' performance is available' on account of such violation or threatened violation. . <br /> 17.12 Default Shall Not Permit REA Termination. No default under this REA shall entitle any Party to <br /> eaneel or otherwise rescind this REA. provided, however, that this limitation shall not affect any other rights or " <br /> remedies that the Parties may have by reason of any default under this REA. . • <br /> • <br /> 17.13 Correction of Parcel and Easement Descriptions. It is recognized that through construction <br /> errors, tolerances or variations the Improvements may not be constructed precisely within a Parcel. if et)y Party <br /> orders an "as-built" survey of its Improvements, such Party shall, without cost to the Parties. furnish a copy • <br /> thereof to each other Piny. If a survey discloses that the Improvements of a Party have not been constructed . <br /> completely within the boundaries of its respective Parcel;then upon request of the encroaching Party. and ' <br /> provided such encroachment is permitted hereunder. each other Party upon whose Parcel such Improvements CD, <br /> have-been constructed shall acknowledge that such encroachment is permitted hereunder. The Panics shall also CD <br /> amend the description of any casement areas affected by such encroachments, at the cost of the encroaching CI <br /> Party. . V <br /> . CD . <br /> Nothing herein contained shall in any'manner be construed as diminishing or deemed to constitute a • } <br /> . waiver of any rights of a Party resulting from another Party's failure to construct its Improvements as herein • as I 7 <br /> required and this Section shall not relieve or excuse a Party from'exercising all due diligence to construct its N <br /> . Improvements within its Parcel. <br /> 17.14 Countemarts. This REA may be signed in several counterparts, each of which shall be deemed • <br /> an original, and all such counterparts shall constitute mm and the same ihsieument. The signature of a Party to - <br /> • any counterpart may be removed and attached to any other counterpart. Any counterpart to which is attached the <br /> signatures of all Panics shall constitute an original of this REA.. . <br /> 17.15 Attorney Fees. If any Puny institutes any action or proceeding. excluding any utbitration • <br /> proceeding, uguinst the other or others'relating to the provisions of•this REA.•ot any default hereunder, then. the ' <br /> unsuccessful litigunt(s)in such action or proceeding agree(s) to reimburse the successful litigant(s) therein for the <br /> reasonable expenses and attorneys' fees and disbursements incurred therein by the successful litigant(s) as • <br /> determined by the court. • ., . <br /> 17.16 Estoppel Certificate, Each Party hereby severally covenants that within ten (IU) business days <br /> • after a written request of any other Party (or Pcrsun above specified). it will issue to such other Party. or to any <br /> . Mortgagee, or to any prospective purchaser or pruspective Mortgagee specified by such requesting.Pany, ifs- to ' <br /> any other Person reasonably designated by the requesting Pany. an estoppct certificate stating: (i) whether the ' <br /> • Party to whom•thc request has been directed knows of any default under this RUA and if'there are known . , <br /> defaults specifying the nature thereof; (ii) whethcc this RP-A has been modified or;amended in any way (or if it <br /> - has, then statine the nature thereof); and (iii) that to the Party's knnivledge this REA us of that dote is in full:\ <br /> force and effect or. if nut, so stating. Such statement shall act as a waiver of any claim by the Party furnishing ' <br /> . • '•, <br /> , • , <br /> • I <br /> 1 <br /> i . <br /> :. . .. ....-.._. . . . - -- . _ . ._ _,_....-....._..— _ . . . . _ . ... . ••--,,...".n...rvi:ee <br /> .- . . <br /> S. , ' <br /> -. 1 <br /> . • :I <br /> . . . • <br /> • • ', <br /> • • i. <br /> . - <br /> ,. • <br />