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• • <br /> 12.11 Declarant Ri�hts and Easements. The Units and the Common Elements are � <br /> subject to exclusive easements and rights in favor of .�iecIarant for the exercise of its declarant <br /> rights as described in the Governing Documents,and far the periodic inspection of the Units and <br /> the Common Elements during any warranty periods and thereafter to review the condition of the i <br /> Property and Building systems and to determine whether Unit and Building maintenance , <br /> requirements are being followed. � _ <br /> 12.12 Duration, Restrictions, and Use. The rights and easements granted or reserved by <br /> this Section 12 shall be permanent, shall run with the land uniess otherwise expressly indicated, <br /> and shall be subject to the following qualifications: <br /> 12.12.1 The easements shall supplement and not limit any easements described <br /> elsewhere in this Declaration or any other recorded instrument. <br /> 12.122 The easements shall be subject to reasonable 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 /> t 2.12.3 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 rnaterially restrict or irnpair any easement benefiting or <br /> , bvrdening ,the Property, or any equipment or improvements relating to the easement, <br /> subject to this Declaration and the right of the Association to irnpose reasonahle Rules <br /> and Regulations governing the use of the Property. <br /> 12.12.5 No improvements shall be erected or maintained, no excavacion, . <br /> grading or reshaping shall be undertaken, and no fill or other 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 /> 12.12.6 Persons exercising easement rights shall (i) take reasonable care to <br /> avoid damaging the Property or creating safety hazards; (ii) prompily repair any damage <br /> to the Property which they or their caused; (iii) promptly reimburse the Association for <br /> ail costs incurred by it €or repairing damage to 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 officers and directors of the Association, from and against all <br /> claims, damages, losses, and other liabilities arising o.ut of the exercise of the easernent <br /> rights. <br /> 12.12.7 Declarant's easement rights described in this Declaration shall <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 /> shall constitute a dedication of the easement area or the use thereof to the public, it being <br /> the intent of this Declaration that the Common Elements be and remain priyate property <br /> MPLS-Word 95281.11 3� <br />