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Declaration within three (3) months of the date of the expiration of all <br /> appeals or all appeal rights respecting such Final Decree; or <br /> (iii) Amended or modified so as to permit the depositing of the type of fill <br /> described in the second "WHEREAS" clause on page 1 of this <br /> Declaration; <br /> then any one or more of such occurrences are hereby declared to be "terminating <br /> events" under the provisions of this Section 3. <br /> 4. The restrictions set forth in this Declaration shall run with the land and <br /> shall be binding upon Dedarant, it successors and assigns, and all persons claiming <br /> under it and shall benefit the City of Orono, unless an instrument executed by the <br /> Declarant, its successors and assigns, and the City of Orono, its successors and <br /> assigns, has been recorded terminating or altering the restrictive covenants herein <br /> set forth in whole or in part. <br /> 5. Enforcement shall be by proceedings at law or equity against any person or <br /> persons violating or attempting to violate the restrictive covenants herein set forth, <br /> either to restrain the violation hereof or to recover damages. Upon any <br /> enforcement proceedings described herein in which a court of competent <br /> jurisdiction determines that Declarant, its successors or assigns, have attempted to <br /> violate or have violated the provisions of these restrictive covenants, Declarant, its <br /> successors or assigns, shall pay all of the court costs of said proceedings, together <br /> with all reasonable attorneys' fees incurred by the City of Orono in enforcing said <br /> covenant. <br /> IN WTINESS WHEREOF, Declarant has executed this Declaration as of the <br /> day and year first above written. <br /> THE WAKEFIELD ORONO <br /> PARTNERSHIP <br /> By <br /> Whitney MacMillan, a General <br /> Partner <br /> 3 <br />