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described above, and traversing the Servient Tenement south and southwestern direction, more or less, along its western bOUndary, to a point of Grantee choosing along' such western i boundary. The general location of the Easement depicted on the map of the Servient and Dominant Tenements, a copy of which is attached hereto as Exhibit "C" (the. "Easement"). C. Use of Easement. .Grantor is hereby prohibited from placing any permanent structures, paving or concrete on the area of the Easement. D. Costs Expenses & Attorneys Fees. Each party will bear it'own costs, expenses, and fees incurred in the negotiation and preparation of this Agreement. Subsequent to the execution of this Agreement, should either party find it necessary to commence legal action, arbitration or other proceeding to enforce its rights hereunder, the successful or prevailing party to such action, arbitration or proceeding shall be entitled to recover from the unsuccessful or non prevailing party all costs, including actual expert witness fees, and expenses, including actual attorneys' fees, expended or incurred in the protection, preservation or enforcement of any r' -lits in connection with this Agreement, including but not ]united io: f taking any action for dWaratory relief in-any way related to this Agreement; seeking any right or remedy under any applicable state or federal law relating to bankruptcy, reorganization, or other relief, including any action seeking relief from the automatic stay or adequate protection; or negotiation or participation in any restructuring hereof. E. Construction of Agreement. The parties hereto acknowledge and warrant that, during the negotiation and preparation of this Agreement they have had an opportunity to election and that their decision to ent consult with independent legal counsel of their own ser into this transaction is a free and voluntary act. It is hereby agreed that this Agreement shall be construed impartially, notwithstanding 4ny rule of law regarding the construction. of a writing or any ambiguity in a writing agalmf a drafting party. F. Amendment/Modification. This Agreement may only be amended or modified Ln a writing signed by All parties. . G.:.In.terpretation/Parol Evidence. This writing is intended by the parties as a complete and final expression Of their agreement, thereby superseding all oral negotiations and prior writing in respect to the subject matter hereof. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance arid onnortunity for objection. _.. 1j H. .Severabilit of Prrrvisions. If any provision of this Agreement shall be prohib-reed by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or any remaining provisions of this Agreement, provided that such remaining portions or provisions can be construed in substance err constitute the agreement that the parties intended to cater into in the first instance. %-L. Binding..Effeet. This Agreement shall be binding on and shall inure to the benefit of the heirs,f:executors, administrators, successors and assigns of Grantor and Grantee's. i' Power and Authority. The execution, delivery and performance by Grantor and Grantee's of this Agreement and the transaction contemplated hereby have been duly authorized by all necessary action and do not and will not (1) require any addition,': consent or � approvali:-(2)I.contravene any charter or bylaws; (3) violate any provision of any law, rule, 2