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,' • 12.11 Declarant Ri�hts and Easements. The Units and the Common Elements are - ' subject to exclusive easements and rights in favor of Declarant for the exercise of its declarant rights as described in the Governing Documents, and for the periodic inspection of the Units and the Common Elements during any warranty periods and thereafter to review the condition of the i Property and Building systems and to determine whether Unit and $uilding maintenance . requirements are being followed, 12.I2 Duration. Restrictions, and Use. The rights and easements granted or reserved by this Section IZ shall be permanent, shall run with the land unless otherwise expressly indicated, and shall be subject to the following qualifications: t2.12.1 The easements shall supplement and not limit any easements described elsewhere in this Declaration or any other recorded instrument. 12.12.2 The easements shall be subject to reasonable regulation by the Association and shall be subject to such reasonable limitations as�to location and routing as may be established by the Association or any govemmental authority. 12.123 The easements shall include reasonable access over, under, and across the Property to maintain, repair, replace, and reconstruct the easement areas and any improvements iocated thereon. 12.12.4 No Person shall materially restrict or impair any easement benefiting or � burdening .the Property, or any equipment ar improvements relating to the easement, , subject to this Declaration and the right of the Association to i�npose reasonable Rules and Regulations governing the use of the Property. � 12.12.5 No improvements shall be erected or maintained, no excavation, . grading or reshaping�shall be undertaken; and no fill or otiier material shall be placed, in an easement area, which may damage or interfere with the installation, use, or maintenance of such area, or which may change or irnpede the intended flow of water through any drainage easernent area. , 12.12.6 Persons exercising easement rights shall (i) take reasonable care to � avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage to the Property which they or their caused; (iii) promptly reimburse the Association for afl costs incurred by it for repairing damage to an easement area caused by the Person or the Person's invitees; and {iv) hoid harmless, indemnify, and defend the Association, other Owners, and the officers and directors of the Association, from and against all claims, damages, losses, and other liabilities arising out of the exercise of the easement rights. 12.12J Declarant's easement rights described in this Dectaration shall terminate when Declarant no longer owns a Unit. 12.12.8 No grant, dedication, or creation of an easement under this Declaration shal] constitute a dedication of the easement area or the use thereof to the public, it being the intent of this Declaration that the Common Elernents be and remain priyate property MPLS-Word 95281.11 3�