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DSCC-57520\2494968.2 4 September 17, 2021 2.3 Easements. The Development is subject to the applicable easements described in this Section 2.3 and the general easement rights described in Section 2.4. 2.3.1 Encroachment Easement. Declarant grants to the Owner of each Condominium and the Association an easement in favor of the Owner’s Condominium as the dominant tenement over the other Condominium as the servient tenement for the purpose of accommodating any encroachment of Improvements that are part of the dominant tenement that encroach into the servient tenement resulting from the original construction of the Improvements, settlement or shifting of structures, or construction changes during the course of construction, and any encroachment authorized under Section 2.6. The extent of the encroachment easement shall be the location of the encroaching structure as originally constructed and such reasonable access to the servient tenement in order to maintain the encroaching Improvement. If a structure is partially or totally destroyed, the structure may be repaired or rebuilt in accordance with the original plans, including the replacement of any encroaching Improvement. 2.3.2 Utility Easement. As a part of the original construction of the Condominiums, certain Units may have utilities that traverse the Unit and serve other Unit(s). Declarant grants to the Owner of each Condominium served by the utilities an easement in favor of the Owner’s Condominium as the dominant tenement over the Condominium containing the utilities as the servient tenement for utility chases, shafts, vents, ducts, lines and other equipment that traverse the servient tenement and provide utility service to the dominant tenement, including any solar components that are part of Solar Energy Systems installed under Section 2.8.6 and utilities that are a part of the Development’s life safety system (the “Utility Facilities”). The location of the easement is the location of the Utility Facilities installed as a part of the original construction of the Unit or as subsequently installed with the consent of the Owner of the servient tenement. The easement right granted hereunder includes access to the servient tenement as may be necessary to maintain the Utility Facilities. The Occupants of the servient tenement shall not take any action that would in any manner interfere with the operation of the Utility Facilities. 2.3.3 Maintenance Easement. Declarant grants to the Association and each Owner an easement in favor of the Owner’s Condominium as the dominant tenement over the other Condominium as the servient tenement for purposes of providing the agents of the Association such access as may be reasonably necessary to perform the Association’s maintenance duties as described in Section 4.2. Access includes the ability by the Association to gain entrance to the Units and Exclusive Use Common Areas, including electric rooms and roof. 2.3.4 Map Easements. Declarant grants to the Association and the Owner of each Condominium in favor of the Condominium as the dominant tenement the easements described on the Map that benefit the dominant tenement over the property shown on the Map that is subject to the easement as the servient tenement. 2.4 General Easement Rights. Each easement described in Section 2.3 is subject to, and construed in accordance with, the following provisions, except as otherwise expressly provided for elsewhere in this Declaration: (i) the easement is appurtenant to the dominant and servient tenements and any transfer of a dominant or servient tenement automatically transfers the easement appurtenant thereto regardless of whether the easement is described in the instrument of transfer; (ii) the easement is in perpetuity unless otherwise terminated by operation of law; (iii) no easement may be modified or relocated except with the written consent of the Owners of the dominant and servient tenements; (iv) except as otherwise provided in Article 4, the Owner of the dominant tenement shall maintain the Improvements and landscaping within any easement that exclusively benefits the dominant tenement; (v) the Owner of the dominant tenement shall indemnify, defend and hold harmless the Owner of the servient tenement against any claims, liabilities, damages, judgments or expenses, including reasonable attorneys’ fees (collectively, “Claim”), from any injury or death to any Person or damage to any property that occurs in connection with the use or maintenance of the easement as a result of any act or omission by the Owner Occupant or their Permittee except to the extent the Claim is a covered claim under insurance maintained by the Association (any deductibles or costs in excess of available coverage amounts shall be paid by the Owner); (vi) all easement uses shall comply with the covenants, rights, duties and restrictions set forth in this Declaration and with all Applicable Laws; (vii) each easement granted hereunder exists by virtue of this Declaration,