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2. Other Consistent Uses. Grantor reserves the right to use the Easement Area for any purposes not inconsistent with rights granted by this Easement. 3. Title. Grantor covenants with Grantee that Grantor is the owner of the Easement Area described above and has full power to convey the rights conveyed by this Easement. Grantor warrants and will defend the same against the claims of all persons, subject, however, to: (a) all legal highway; (b) easements, covenants and restrictions of record; (c) real estate taxes and assessments not yet due and payable; and, (d) zoning, building and other applicable laws, codes and regulations. 4. Maintenance Obli atg ions. (a) Grantee shall be solely responsible, at its cost and expenses, for the maintenance, repair and replacement of the retaining wall located in the Easement Area. (b) The Grantor shall be solely responsible, at its sole cost and expense, for the maintenance, repair and replacement of any improvements located on Grantor's Property, inclusive of Progressive Drive but exclusive of the Easement Area. Default and Remedies. (a) In the event of any default by either the Grantor or Grantee under the terms of this Easement and following thirty (30) days written notice from the non -defaulting party to the defaulting party specifying such default, the non -defaulting party shall be entitled to exercise all remedies available at law or equity, including specific performance. In the event that either party exercises its rights under this Paragraph 5, the defaulting party shall promptly reimburse the non -defaulting party for the actual, reasonable costs incurred by the non -defaulting party in the exercise of such rights. (b) In the event of default beyond any applicable grace or cure period, such default shall permit the non -defaulting party to terminate this Easement in accordance with the process set forth in this Paragraph. 6. Covenants Running with the Land. The provisions of this Easement, all of the covenants set forth, are intended to be and shall be construed as covenants running with the land and shall be binding upon and inure to the benefit of the Grantor's Property, respectively, as the case may be, and also upon Grantor and Grantee and their respective successors and assigns. This Easement may be amended only by a written in recordable form executed and acknowledged by the fee owners of Grantor's Property and Grantee's Property. 7. Indemnity and Insurance. Grantee agrees to indemnify, defend and save the Grantor free and harmless from and against any damage, loss or liability for the injury to or death of person and/or loss of damage to Grantor's Property occasioned by, growing out of, or arising or resulting