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.` � <br /> 12.11 Declarant Riehts and �asements. 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 Docnments,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 detecmine 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 shali be permanent, shall run with the land uniess otherwise expressly indicated, <br /> and shail be subjecc to the following qualifications: <br /> I2.12.1 The easements shall suppiement 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 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.]2.3 The easements shall include reasonable access over, under, and across <br /> the Property to maintain, repair, rep]ace, and ieconstruct the easement areas and any <br /> improvements located t�ereon. <br /> 12.12.4 No Person shall materially restrict or irnpair any easement benefiting or <br /> burdening .tlie Property, or any equipment or improvements relating to the easement, <br /> subject to this Declaratio❑ and the right of the Association to impose 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 ot�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.t2.6 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 /> ail c�sts incurred 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 officers and directors of the Association, from and against al) <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 shall <br /> terminate when Dec(arant no ]onger 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 Gommon Elements be and remain priyate property <br /> MPLS-Word 95281.1 1 30 <br />