Laserfiche WebLink
I�]I�AIF�T� <br />2.5 Structural and Support Easements. Through this Declaration, the Declarant <br />hereby establishes and grants to each Lessee non-exclusive easements and rights in, on, over, <br />under, through and about each Lessee Parcel as reasonably necessary for the structural support <br />and integrity of the Improvements located within each Lessee Parcel, with such easements and <br />rights being appurtenant to each Lessee Parcel. No Lessee shall perform, or shall permit the <br />performance of, any activity that may materially alter the structural support necessary for the <br />Improvements located within a Lessee Parcel owned by another Lessee without the consent of <br />the other Lessee(s), which consent shall not be unreasonably withheld, conditioned or delayed. <br />2.6 Encroachment Easements. <br />(a) Through this Declaration, the Declarant hereby establishes and grants to <br />each Lessee Parcel (as the dominant tenement) and its Lessee non-exclusive easements in, on, <br />over, under, through and all about each other Parcel (as the servient tenement) as reasonably <br />necessary to accommodate and maintain any Encroachment that may now or hereafter exist. <br />(b) Notwithstanding Section 2.6(a), no Lessee shall have the benefit of an <br />easement for an Encroachment as a result of the negligence or willful misconduct of such Lessee <br />or its Users. <br />(c) If the Improvements are partially or totally destroyed, and then repaired or <br />rebuilt in substantially the same manner as originally constructed, minor encroachments shall be <br />permitted to facilitate repair or reconstruction. <br />2.7 Hold Harmless. <br />(a) Each Lessee shall indemnify, defend, and hold the other Lessees <br />("Indemnified Lessees") harmless from all liability, damage, cost, or expense incurred by the <br />Indemnified Lessees arising out of the use by the Lessee or any of its Users of any of the <br />Easements within such other Lessee Parcel, or arising out of any violation by such Lessee of its <br />obligations under this Declaration, other than any such liability, damage, cost or expense <br />resulting from the negligence or willful misconduct of the Indemnified Lessees. <br />(b) Each Lessee shall indemnify, defend, and hold the other Lessee harmless <br />from all liability, damage, cost, or expense incurred by such other Lessee arising out of any liens <br />including but not limited to mechanics' and materialmen's liens imposed on such other Lessee <br />Parcel, arising out of work or labor done, supplies furnished, or services rendered at the request <br />of the contracting Lessee or any of its Users. <br />(c) Subject to obtaining the waiver of subrogation rights required in this <br />subsection, the Lessees release each other, and their respective authorized representatives, from <br />any claims for damage to the personal and real property improvements located in the Lessee <br />Parcels, and/or the Building that are caused by or result from risks insured against under any <br />property insurance policies carried by the Lessees and in force at the time of any such damage. <br />Each Lessee shall use its best efforts to cause each property insurance policy obtained by it to <br />provide that the insurance company waives all right of recovery by way of subrogation against <br />10 <br />