8569-12 Easement agreement with Discount Drug Mart

Home Browse Search

(b) Drug Mart and Lakewood agree that rro breach of any covenant or agreement contained in this Agreement shall result in termination of the easements, covenants or other rights granted or contained herein, unless and until Drug Mart or its successors or assigns shall have failed to cure such breach within thirty (30) days after written notice of such breach has been served upon the breaching party. 5. Covenants Running with the Land. The easement herein granted and the agreements herein contained shall be a perpetual easement and covenants running with the Parcels and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, personal representatives, successors and assigns forever, except in the event of a breach and revocation of the easement as stated above. 6. Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of this Agreement. 7. Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible. This Shared Access Easement Agreement has been executed as of the day and year first above written. (The signature page follows.) -4-