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<br />state or local laws or regulations or order and any substance which is or becomes
<br />regulated by any federal, state or local governmental authority; any oil, petroleum
<br />products and their by-products. located on, under or about the Bike Path Parcel, the
<br />Grantee's Parcels, or Grantor's Parcel after the date hereof which was caused or
<br />occasioned by Grantee, its employees, agents, or users of the Bike Path Easement,
<br />Bike Path Parcel, or Bike Path Facilities. Grantee represents, warrants and covenants
<br />that it will conduct its activities on Grantor's Parcel in compliance with all applicable
<br />federal, state and local environmental laws, rules, regulations, ordinances, judicial or
<br />administrative decrees, orders, decisions, authorizations or permit pertaining to the
<br />protection of human health and the environment, including but not limited to, the
<br />Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq., the Clean Air
<br />Act, 42 U.S.C. section 7401 et seq., the Federal Water Pollution Control Act, 33 U.S.C.
<br />section 1251 et seq., the Emergency Planning and Community Right to Know Act, 42
<br />U.S.C. section 1101 et seq., the Comprehensive Environmental Response,
<br />Compensation and Liability Act, 42 U.S.C. section 9601 et seq., the Toxic Substances
<br />Control Act, 15 U.S.C. section 2601 et seq., the Oil Pollution Control Act, 33 U.S.C. and
<br />Ohio or any other comparable local, state, or. federal statute or ordinance pertaining to
<br />the environment or natural resources and all regulations pertaining thereto.
<br />b) Repair: Grantee shall, at its expense, immediately repair and restore any portions of the
<br />Bike Path Parcel or any other of Grantor's Parcel damaged or otherwise disturbed by
<br />Grantee, or any agent, employee, or user thereof, during its or their use of the Bike Path
<br />Parcel or arising from the exercise of its rights under the Bike Path Easement.
<br />c) Liens: Grantee. shall not; directly or indirectly, create or permit to be created, or to
<br />remain, and will promptly discharge, at its expense, any lien or encumbrance on the Bike
<br />Path Parcel or Grantor's Parcel. Notice is hereby given that Grantor will not be liable for
<br />any labor, services or materials furnished or to be furnished to Grantee, and no
<br />mechanics' or other liens for any such labor, services or materials shall attach to or
<br />affect the interest of Grantor in and to Grantor's Parcel, the Bike Path Parcel, or the Bike
<br />Path Facilities.
<br />5. Reversion Termination of Easement. At such time as the Grantee determines, whether by
<br />legislation, resolution; ordinance, or other official act, that the Bike Path Facilities, Bike Path
<br />Easement, or Bike Path Parcel shall be abandoned, or that the use thereof shall be
<br />discontinued for recreational purposes or for the use of and by the general public, the Bike
<br />Path Easement shall cease to exist, and the rights granted to Grantee hereunder shall
<br />immediately become null and void, and all right, title, and interest of the Grantee herein shall
<br />automatically revert the parties then holding legal title to the Lots abutting the Property
<br />described on Exhibit D attached hereto and made a part hereof.
<br />6. Bindinq Effect. This easement contained in this Agreement shall run wi#h the land, and shall
<br />be binding upon and inure to the benefit of the Grantor, Grantee, and the Association, and
<br />their respective grantees, successors, and assigns. This Agreement shall be governed by
<br />the laws of the State of Ohio..
<br />7. Miscellaneous. In the event of a breach hereof by Grantee, Grantor shall be entitled to the
<br />remedy of specific performance (without the requirement for a bond), in addition to any other
<br />remedies available to Grantor, at law or in equity. This Agreement (a) may not be modified
<br />or altered except in a writing signed by the parties and (b) constitutes the entire
<br />understanding and agreement of the parties with respect to the subject matter hereof,
<br />superceding all prior understandings or agreements (whether oral or written). The
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