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12.11 Declarant Ri�hts and �asements. The Units and the Common Elements are - subject to exclusive easements and rights in favor of�eclarant for the exercise of its decIarant rights as described in the Governing Docaments,and for the periodic inspection of the Units and the Common Elements during any warranty periods and thereafter to review the condition of the ! Praperty and Building systems and to determine whether Unit and Building maintenance . requirements a:e being followed. 12.12 Duration, Restrictions, and Use. The rights and easements granted or reserved by this Section 12 shall be permanent, shall run with the Iand unless otherwise expressly indicated, and shall be subject to the following qualifrcations: ' t2.]2J The easements shal] supplement and not limit any easements described i elsewhere in this Declaration or any other recorded instrument. I � 12.122 The easements shall be subject to reasonable regulation by the ! Association and shall be subject to such reasonabte limitations as to location and routing as may be established by the Association or any govemmental authority. 12.12.3 The easements shall include reasonabie access over, under, and across the Property to maintain, repair, replace, and reconstruct the easement areas and any improvements located thereon. 12.12.4 No Person shall materially restrict or irnpair any easement benefiting or � burdenins .the Property, or any equipment or improvements relating to the easement, subject to this Declaration and the right of the Association to impose 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 oti�er materiat 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 easement area. 12.12.6 Persons exercising easement rights shal] (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 ail costs incurred by it for repairing damage to an easement area caused by the Person or the Person's invitees; and {iv) hold 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 o.ut of the exercise of the easement rights. 12.12.7 Declarant's easement rights described in this Declaration shall terminate when Declarant no longer owns a Unit. 12.]2.8 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 inteni of this Declaration that the Common Elements be and remain priyate property MPLS-Word 95281.1 l 3�