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(c) The Village and AIK-SOM retain the right to plant addiiional trees, shrubs,
<br />and perennial and/or annual plants upon their own property in the area surrounding the Easement
<br />Areas that are not inconsistent with and do not hinder the Village's ManagementActivities;
<br />(d) The Village and AIK-SOM retain the right to develop its remaining property
<br />that is not a part of the Easement Areas, but that is contiguous property to the Easement Areas.
<br />3. Violation of Terms, Conditions and Restrictions. If AIK-SOM or the Village shall
<br />violate any of the terms or conditions set forth herein, the other or their successors or assigns
<br />may institute an action, at law or in equity, to enjoin such violation by temporary or permanent
<br />injunction and/or to require the restoration of the Easement Areas to its or their prior condition.
<br />The Village shall not be entitled to monetary damages for a violation of the terms and conditions
<br />hereof. The party bringing such action shall provide the, other with fifteen (15) days written
<br />notice prior to instituting legal action identifying the violation and requesting the other party cure
<br />the alleged violation. The Village may not bring an action against AIK-SOM for modifications
<br />to tfie Easement Areas resulting from causes beyond AIK-SOM's control; including. but not
<br />limited to, unauthorized actions by third parties, natural disasters such as unintentional fires,
<br />floods, storms, natural earth movement or AIK-SOM's action in response to an emergency
<br />resulting in changes to the Easement Areas.
<br />4. Cost and Liabilities; Taxes.
<br />(a) Except with respect to the Management Activities undertaken by the Village,
<br />its employees, representatives, and agents pursuant to the herein grants of easement, the Village
<br />shall not be liable for real estate taxes, assessments or other ownership costs of the Conservation
<br />Area. The Village shall maintain sufficient insurance for its Management Activities and shall
<br />indemnify and hold AIK-SOM harmless for injuries .or damage to person or property resulting
<br />from the Management Activities.
<br />(b) The Village shall, and hereby does, indemnify and hold AIK-SOM harmless
<br />from any cost, expense, damage, loss,' claim, harm or injury associated with the Bike Path
<br />Easement, Bike Path Area, or Bike Path Facilities, including, without limitation, the cost of the
<br />maintenance, repair, improvement and replacement thereof, and any and all expenses, losses and
<br />liabilities suffered by AIK-SOM as a result of a governmental authority having jurisdiction
<br />ordering a cleanup, removal or other remediation of any hazardous substances as defined by the
<br />Comprehensive Environmental Response, Compensation and Liability Act, as amended from
<br />time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of
<br />1976 as amended from" time to time; any and all material or substance defined as hazardous
<br />pursuant to any federal, state or local laws or regulations or order and any substance which is or
<br />becomes 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 Area, the Village
<br />Property, or the AIK-SOM Property after the date hereof which was caused or occasioned by the
<br />Village, its employees, agents, or users of the Bike Path Easement, Bike Path Area, or Bike Path
<br />Facilities. The Village represents, warrants and covenants that it will conduct its activities on
<br />AIK-SOM's Parcel in compliance with a11 applicable federal, state and local environmental laws,
<br />rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, autHorizations
<br />or permit pertaining to the protection of human health and the environment, including but not
<br />limited to, the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq., the
<br />Clean Air Act, 42 U.S.C. section 7401 et seq., the Federal Water Pollution Control Act, 33
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