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,' • <br /> 12.11 Declarant RiQhts and Easements. The Units and the Common Elements are - ' <br /> subject tp exclusive easements and rights in favor of Declarant for the exercise of its decl nt <br /> rights as Idescribed in the Governing Documents, and for the periodic inspection of the Units�iand <br /> the Common Elements during any warranty periods and thereafter to review the condition o the i <br /> Praperty and Building systems and to determine whether Unit and Building mainten nce . � <br /> requirements are being followed. � <br /> 12.I2 Duration. Restrictions, and Use. The rights anti easements granted or reserve by <br /> this Sect�on 12 shall be permanent, shall run with the land uniess otherwise expressly indica ed, <br /> and shall',be suhject to the following qualifications: <br /> t2.12.1 The easements shall supplement and not limit any easements descri ed <br /> elsewhere in this Declaration or any other recorded instrument. <br /> 12.122 The easernents shall be subject to reasonable regulation by the <br /> Association and shall be subject to such reasonable limitations as�to location and rouling <br /> as may be established by the Association or any governmenta) authority. , <br /> 12.123 The easements shall include reasonable access over, under, and ac oss <br /> the Property to maintain, repair, replace, and reconstruct the easement areas and ny <br /> improvements located thereon. <br /> 12.12.4 No Person shall materially restrict or impair any easement benefitin or <br /> b rdening .the Property, or any�equipmenf or improvements retating to the easem nt, <br /> s ject to this Declaration and the right of the Association to impose reasonable R les <br /> and Regulations governing the use of the Propercy. <br /> 12.12.5 No improvements shall be erected or maintained, no excavati n, <br /> grading or reshaping shal� be undertaken, and no fll or other materia[ shall be placed in <br /> an' easement area, which may damage or interfere with the installation, use,j or <br /> m�intenance of such area, or which may change or irnpede the intended flow of w ter <br /> through any drainage easement area. <br /> 12.12.6 Persons exercising easement rights shal] (i) take reasonable c�re to <br /> avoid damagin� the Property or creating safety hazards; (ii) promptly repair any dam ge <br /> to'Ithe Property which they or their caused; (iii) promptly reimburse the Association or <br /> i alll costs incurred by it for repairing damage to an easement area caused by the Personi or <br /> the Person's invitees; and {iv) hold harml�ss, indemnify, and defend the Associati n, <br /> other Owners, and the officers and directors of the Association, frorn and against all <br /> claims, damages, losses, and other liabilities arising o.ut of the exercise of the easem nt <br /> rights. <br /> ', 12.12.7 Declarant's easement rights described in this Declaration shlall <br /> terminate when Declarant no longer owns a Unit. , <br /> 12.12.8 No grant, dedication, or creation of an easement under this Declarati n <br /> shal] constitute a dedication of the easement area or the use thereof to the public, it bei g <br /> the intent of th'is Declaration that the Common Elements be and remain priyate prope y <br /> MPLS-Word 95281.1 I 30 <br /> I � <br /> I <br />