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�_ , <br /> , <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 Declarant 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 thereafter to review the condition of the i <br /> Property and Building systems and to determine whether Unit and 8uilding 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 unless otherwise expressly indicated, <br /> and shal]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_]2.2 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 /> L2.12.3 The easements shall include reasonable access over, under, and across <br /> the Property to maintain, repair, replace, and recanstruct the easement areas and any <br /> improvements located thereon. <br /> 12.12.4 No Person shall materially restrict or impair any easement benefiting ar <br /> � burdening .the Property, or any equipment or improvements relating to the easement, <br /> subject to this Declaration 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�shall be undertaken; and no fill or otiier 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 irnpede the intended flow of water <br /> through any drainage easement area. <br /> Iz.12.6 Persons exercising easement rights shall (i) take reasonable care to <br /> avoid damaging the Froperty 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 /> ail costs incurred by it for 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 easement <br /> rights. <br /> 12.12.7 Declarant's easement rights described in this Declaration shall <br /> tenninate when Dec(arant no longer owns a Unit. <br /> 12.12.8 No grant, dedication, or creation of an easement under this Declaration <br /> shal] 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 95281J l 3� <br />