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12.11 Declarant Ri�hts and �asements. The Units and the Common Elements are - <br /> subject to exclusive easements and rights in favor of I3eclarant for the exercise of its declarant <br /> rights as described in the Governing Documents, and for the periodic inspection of the Units and <br /> the Common Elements during any warranty periods and thereafrer to review the condition of the i <br /> Property and Building systems and to deterrnine whether Unit and Building maintenance . <br /> requirements are being fallowed. <br /> 12.I2 Duration, Restrictions, and Use. The rights and easements granted or reserved by <br /> this Section 12 shall be permanent, shall run with the land unless otherwise expressly indicated, <br /> and shall be subject to the following qualifications: <br /> t2.12.1 The easements shall supplement and not limit any easements described <br /> elsewhere in this Declaration or any other recorded instrument. <br /> 12.12.2 The easements shall be subject to reasanable regulation by the <br /> Association and shall be subject to such reasonable limitations as�to location and routing <br /> as may be established by the Association or any govemmental authority. <br /> 12.123 The easements shall include reasonable access over, under, and across <br /> the Property to maintain, repair, replace, and reconstruct the easement areas and any <br /> improvements located thereon. <br /> 12.12.4 No Person shall materially restrict or impair any easement benefiting or <br /> burdening .the Property, or any equipment or improvements retating to the easement, <br /> , subject to this Dectaration and the right of the Association to i�npose reasonable Rules <br /> and Regulations governing the use of the Property. � <br /> 12.12.5 No improvements shall be erected or maintained, no excavation, . <br /> grading or reshaping�shali be undertaken; and no fill or oti�er material shall be placed, in <br /> an easement area, which may damage or interfere with the installation, use, or <br /> maintenance of such area, or which may change or impede the intended flow of water <br /> through any drainage„easement area. <br /> 12.12.b Persons exercising easement rights shall (i) take reasonable care to <br /> avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage <br /> ' to the Property which they or their caused; (iii) promptly reimburse the Association for <br /> i ail cosu incuned by it for repairing damage ta an easement area caused by the Person or <br /> the Person's invitees; and (iv) hold harmless, indemnify, and defend the Association, <br /> other Owners, and the offcers and directors of the Association, from and against all <br /> claims, damages, losses, and other liabilities arising out of the exercise of the easement <br /> rights. <br /> 12.12.7 Declarant's easement rights described in this Declaration shal] <br /> terminate when Declarant no longer owns a Unit. <br /> 12.12.8 No grant, dedication, or creation of an easement under this Declaration <br /> sha11 constitute a dedication of the easement area or the use thereof to the public, it being <br /> the intent of th'is Declaration that the Common Elements be and remain priyate property <br /> MP[,S-Word 95281.11 3� <br />