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(0 ' i.e-& <br />COUNTY OF SAN MATEO <br />AVIGATION EASEMENT <br />Shores Child Care Facility, RWC <br />8. LIMITATIONS ON NOISE. <br />This grant of easement shall not extend to permit an aircraft noise level over the Grantor <br />Property which exceeds 65dB CNEL. <br />9. RESERVATION OF RIGHTS AGAINST UNLAWFUL OPERATION <br />a) This grant of easement shall not operate to deprive the GRANTOR, and GRANTOR'S <br />successors or assigns, of any rights that it may have against any individual or private operator of <br />aircraft for negligent or unlawful operation of aircraft as such operation may effect the Grantor <br />Property. <br />b) This grant of easement does not waive any claim GRANTOR or GRANTOR'S <br />successors or assigns, or by any person lawfully on the Grantor Property, for damages for personal <br />injury or damage to personal or real property sustained as a result of an aircraft crash or from <br />objects falling from aircraft flying over the Grantor Property. <br />10. INTERPRETATION AND ENFORCEMENT <br />a) COUNTY shall have the sole right and authority to enforce this easement on behalf of <br />itself and members of the public using San Carlos Airport. <br />b) COUNTY may bring any action in court necessary to enforce the terms of this <br />easement including, but not limited to, injunction to terminate a breaching activity, or an action to <br />enforce the terms and provisions hereof by specific performance. The enforcement proceedings <br />specified in this paragraph are not exclusive. Any forbearance on the part of the COUNTY to <br />enforce the terms and conditions hereof shall not be deemed a waiver of COUNTY'S right <br />regarding any subsequent breach. <br />11. COVENANT RUNS WITH THE LAND <br />The covenants and agreements described herein shall run with the land and are binding <br />upon the heirs, administrators, executors, successors and assigns of the GRANTOR and <br />GRANTEE. This easement benefits and burdens the Grantor Property and the San Carlos Airport <br />property. <br />12. APPLICABLE LAW. <br />Provisions of this easement shall be interpreted, applied and enforced in accordance with <br />the provisions of State and Federal Laws recited herein as they exist as of the effective date of this <br />easement, except to the extent such provisions are preempted by any future amendment or <br />amendments to such State or Federal laws, in which case the amended provisions of State and <br />Federal law shall apply. <br />4 <br />