|
rLLfiI TUBI"11it-I''AJEIt:�ILI Fcda;:�iJ},�irjt_�f�J4 JW .{ 1'J''Xi J UtS U._,
<br /> Tenerinent, respectively, may use such easements. Grantor shall not grant any other easements to
<br /> any other parties that would in any way interfere with Grantee's ability use and enjoy the
<br /> easements granted under this Agreement.
<br /> c. Except as set forth below., the easements granted hereunder are not assignable,other
<br /> than with the transfer of fee simple title to the Dominant Tenement. Not%Nrithstanding the
<br /> foregoing,the easements shall be binding on any tenant occupying the Ser-dent Tenement and
<br /> inure to the benefit of any tenant operation the dairy facility on the Dominant Tenement.
<br /> 6. TERM OF EASEMENT. The easements created hereunder shall be perpetual so long as a dairy
<br /> facility exists,whether or not operating, on the Dominant Tenerniient,
<br /> s 7. 11'AINTENANCE AND REPAIRS. Grantee and Grantor shad]repair any damage caused by that
<br /> party,or that party's employees, agents,or other represmutives,to any pumps,pipelines,or
<br /> other irrigation fixtures on the Servient tenement.
<br /> & SEVERABILITY. 1f any term or provision of this Agreement is determined to be illegal,
<br /> t unenforceable, or invalid in whole or in part for any reason,such illegal, unenforceable, or
<br /> invalid provisions or part thereof will be stricken from this Agreement, and such provisions will
<br /> not affect the legality,enforceability,or validity of the remainder of this Agreement.
<br /> 9. ATTORNEYS'FEES. Should any action,arbitration,or proceeding be commenced to enforce
<br /> the terms of this Agreement or declare rights hereunder,whether in tort,contract,or otherwise,
<br /> the prevailiug party in any such action,arbitration, trial,or appeal thereon will be entitled to his,
<br /> her,or its reasonable attorneys' fees and litigation costs to be paid by the losing party as fixed by
<br /> the court or arbitrator in the same or a separate suit, and whether or not such action is pursued to
<br /> decision or judgement. The attorneys' fees award will not be computed in accordance with any
<br /> court fee schedule,but will be such as to fully reimburse all attorneys' fees reasonably incurred
<br /> in good faith. The attorneys' fees award will also include attorneys' fees incurred in enforcing or
<br /> collecting any judgment,settlement, or award, as provided by Sections 685.040 and 685.070 of
<br /> the California Code of Civil Procedure.
<br /> 10. ENTM AGREEMENT. This Agreement, including the exhibits hereto and documents
<br /> referred to herein by reference,embodies the entire agreement and understanding between the
<br /> ` panics hereto relating to thG subject matter hereof. Any and all other prior or contemporaneous
<br /> negotiations,agreements, and understandings, oral or written, are hereby revoked,cancelled, and
<br /> rescinded,and are merged herein and superseded hereby. This Agreement shall be construed
<br /> liberally in favor of Grantee. The provisions of this Agreement may be waived, altered,
<br /> amended,modified,or repealed,in whole or in part, only by written agreement signed by all
<br /> parties to this Agreement, or their successors in interest.
<br /> 4
<br /> -3-
<br /> Sec VII, A3
<br /> i
<br />
|