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1 � <br /> - 12.11 Declarant RiQhts and �asements. The Units and the Common Elements are � ' <br /> subject to exclusive easements and rights in favor of�eclarant for the exercise of its declarant <br /> righ[s as described in the Governing Documents, and for the periodic inspection of the Units and <br /> the Common Elements during any warrantyperiods and thereafter to review the condition of the i <br /> Property and Building systems and to detennine whether Unir and $uilding 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 Iand uniess othenvise expressly indicated, <br /> and shal]be subject to the following qualifications: <br /> 12.12.1 The easements shall supplement and not limit any easements described <br /> elsewhere in this Declaration or any other recorded instrument. <br /> i2.122 Ti�e easements shall be subject to reasonable regulation by the <br /> Association and shall be subject to such reasonabte limitations as�to location and routing <br /> as may be established by the Association or any govemmental auihority. <br /> 12.12.3 The easements shall include reasonable access over, under, and across <br /> the Property to maintain, repair, replace, and reconstruct the easement areas and any <br /> improvements 3ocated thereon. <br /> I <br /> i2.12.4 No Person shal] materially restrict or impair any easement benefiting or <br /> . . burdening .the Property, or any e9uipment or improvements relating to the easement, <br /> subject ta this Declaration 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 other 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 /> 12.12.6 Persons exercising easement rights shal] (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 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 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 Declarant no longer owns a Unit. <br /> 12.]2.8 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 Common Elements be and remain priyate properry <br /> MPI,S-Word 95281.11 3� <br />