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b. Countemarts. This Easement Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. C. Recitals; Attachments. The Recitals above and Attachments attached hereto are incorporated herein by reference. d. Binding on Successors and Assigns. Owner's Property is to be burdened by, and City is to be benefited by, the provisions of this Easement Agreement pertaining to the grant of Easement, and such Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the foregoing easements, limitations, restrictions, obligations and conditions. Blocks A -C is to be burdened by, and City is to be benefited by, the provisions of this Easement Agreement pertaining to the maintenance provisions, and such property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the foregoing easements, limitations, restrictions, obligations and conditions. All provisions of this Easement Agreement shall run with the land and be binding upon all parties having or acquiring any right, title, or interest in the Property (or in the case of the Maintenance Owners, Blocks A -C), and shall be binding upon and inure to the benefit of the City and its and their successors and assigns. e. Partial Invaliditv. If any term or provision of this Easement Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Easement Agreement shall be valid and shall be enforced to the extent permitted by law. f. Not a Public Dedication. Except as expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Easement Area or any other portion of Owner's Property to the general public or for any public purpose whatsoever, it being the intention of the parties that this Easement Agreement shall be limited to and for the purposes herein expressed. 7. Exhibits; Attachments. The following attachments are attached to this Easement Agreement and are hereby incorporated herein by this reference for all purposes as if set forth herein in full: Attachment 1 Description of Property Attachment 2 Diagram of Blocks A-E Attachment 3 Legal Description of Easement Area 8. Attornevs' Fees. Should any legal action be brought by any party with respect to this Easement Agreement, the prevailing party shall be entitled to recover from the non - prevailing party its reasonable attorney's fees and such other costs as may be found by the court. REV: 03-28-17 VR Exhibit D to AGR/2013.134\ ATTY/AGR/2017.063/STANFORD EASEMENT & MAINTENANCE AGREEMENT Page 5 of 16