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The failure of either party to insist upon the performance of any of the terms, <br />easements, covenants, conditions, or restrictions provided in this instrument shall not be <br />deemed a waiver of any rights or remedies such party may have hereunder, at law, or in equity <br />and shall not be deemed a waiver of any subsequent breach or default of any such terms, <br />easements, covenants, conditions, or restrictions. <br />If a party defaults under any of its obligations under this instrument, and such default <br />continues for a period of thirty (30) days after receipt of written notice from the other, then <br />the non -defaulting party may exercise one or more of the following remedies: (i) injunctive <br />relief; (ii) specific performance; and (iii) any and all other remedies available by law. <br />It is the intention of the parties that the rights and easement hereby created and granted <br />are to be used and maintained in a manner consistent with the best interests of each of the <br />parties. To this end, whenever a matter arises that is not covered specifically by the terms and <br />conditions of this instrument, the parties hereby covenant and agree to deal fairly with each <br />other and to attempt to resolve any such matter in good faith and in keeping with the spirit of <br />the express agreements set forth herein. <br />This instrument may be executed in any number of counterparts, each of which when <br />executed and delivered shall be deemed to be an original, and all of which when taken together <br />shall constitute one and the same instrument. <br />M <br />