|
4/23/13 13
<br />14. Release from Liability. Any person acquiring fee or leasehold title to any Parcel shall be
<br />bound by this Agreement only as to the rights and obligations pertaining to the Parcel acquired
<br />by such person. In addition, such Owner or Lessee shall be bound by this Agreement only
<br />during the period such Owner or Lessee is the fee or leasehold owner of such Parcel, except as to
<br />obligations, liabilities or responsibilities that accrue during said period. Although persons may
<br />be released from liability under this Section, the easements, covenants and restrictions in this
<br />Agreement shall continue to be benefits to and servitudes upon said Parcels running with the land
<br />and binding upon successors.
<br />15. Remedies; Injunctive Relief. The Parties acknowledge and agree that they have
<br />bargained for specific performance of the covenants, conditions, restrictions, rights, and
<br />easements contained in this Agreement, and all other provisions hereof, and that each Owner
<br />entitled to enforcement of the terms hereof, shall be entitled to seek injunctive relief, including
<br />but not limited to temporary restraining orders, preliminary injunctions, and permanent
<br />injunctions, both mandatory and prohibitory. Subject to the limitations contained in this
<br />Agreement, the Owners shall have all remedies, at law or in equity, in order to enforce the terms
<br />of this Agreement. An Owner shall be in default or breach of this Agreement if such Owner fails
<br />to perform or cause to be performed any other provision under this Agreement required to be
<br />performed by such Owner and such failure is not cured within thirty (30) days after notice to
<br />such defaulting Owner or, if such failure cannot be cured within such thirty (30) day period, such
<br />defaulting Owner fails within such thirty (30) day period to commence all actions necessary to
<br />cure such failure, or after commencing such actions thereafter fails to diligently pursue such
<br />actions and cure to completion, but in all events within one hundred twenty (120) days after the
<br />delivery of the original default notice by the non-defaulting Owner to the defaulting Owner.
<br />16. Enforcement Proceedings. In the event of a breach of the provisions of this Agreement,
<br />the Owner of a Parcel shall be entitled to institute proceedings for full and adequate relief from
<br />the consequences thereof. The unsuccessful party in any action shall pay the prevailing party’s
<br />reasonable attorney’s fees, accruing from the date such action was filed, and costs.
<br />17. Election of Remedies; No Waiver. Subject to Section 19, in addition to the rights,
<br />powers, and remedies given in this Agreement, the Parties may, in its/their own absolute
<br />discretion, at any time, and from time to time, exercise any and all rights and powers, and pursue
<br />any and all remedies now or hereafter given at law or in equity, including but not limited to any
<br />rights or remedies granted herein or by California or federal case, statutory or regulatory law.
<br />Their failure to exercise any such right or remedy shall not be deemed a waiver of that right or
<br />remedy unless the Person entitled to that right or remedy has so agreed, expressly and in writing,
<br />and the failure to so exercise any right or remedy shall not preclude the Person entitled thereto
<br />from later exercising any such right or remedy. Any written waiver of default shall not constitute
<br />a continuing waiver or waiver of any other same, similar or different events of default on any
<br />future occasion, unless such a waiver of such future defaults is expressed, in writing, with
<br />precision. No course of dealing between any person, or any Owner, lessee, or user of any Parcel,
<br />or any encumbrance thereof, in exercising any rights under this Agreement shall operate as a
<br />waiver of such rights, nor shall any such delay, unless agreed to in writing by the persons entitled
<br />to enforce this Agreement, constitute a waiver of any obligation or default. No waiver of default
<br />shall extend to or impair any other obligation not expressly waived, nor impair any right
|