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Tenement,respectively,may use such casements. 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,odd
<br /> than with the transfer of feesimple title to the Dominant Tenement. Notwithstanding the
<br /> foregoing,the casements shall be binding on any tenant occupying the Servient Tenement and
<br /> inure to the benefit of any tenant operation the dairy facility on the Dominant Tenernem
<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 Tenement.
<br /> 7. MAINTENANCE AND REPAIRS. Grantee and Grantor shall repair any damage caused by that
<br /> party.or that party's employees, agents,or other representatives,to any pumps,pipelines,or
<br /> other irrigation fixtures on the Servient tenement.
<br /> S. SEVERABILITY. If any term or provision of this Agreement is determined to be illegal,
<br /> 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 prevailing 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 rood faith. The attorneys' fees award will also include attorneys' fees incurred in enforcing or 1
<br /> collecting any judgment,settlement, or award,as provided by Sections 685.044 and 685.070 of
<br /> the California Code of Civil Procedure.
<br /> 10. ENTULE AGREEMENT. This Agreement,including the exhibits hereto and documents
<br /> referred to herein by reference,embodies the entire agreement and understanding between the
<br /> parties hereto relating to the 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 A r nt shall be co ed
<br /> liberally in fav c . 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.
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