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1 .' , • • • ' � � � I law to which either Owner is subject; and that the power of either Owner is not limited by legal rights created by any marriage or dissolution thereof. 7. Notice. Use and Remedies. The Dist�ict will give Owner prior written notice before beginning any course of activity on the Property invalving heavy or motorized equipment. The District wilt enter the Property and perform work during reasonable times and wiil take i reasonable steps to minimize interference wlth Owner's use and quiet � enjoyment of the Property. The District may act to p�event or remedy any � activtty or use of the Easement Area not conslstent with the terms of this easement. � 8. Regulatory and Statutorv Authorities Not Affected. This easement I does not replace or diminish the regulatory authority of any public body, including the District� as it may apply to the Property or any activity on it. The rights canveyed to the District under this easement supplement and do not displace any right to enter the Property that the District possesses under law. 9. Indemnification. The District holds Owner harmless, and agrees to defend and indemnify Owner, f�om and against any and all suits, actians, causes of actions, proceedings, claims, casts and damages arising out of the District's activities pursuant to this easement, except to che extent resulting f�om an action or inaction of an Owner for whtch Owner independently would be subjett ta liability. This paragraph daes not create a right in any third parry and does not tonstitute a waiver af any defense, immunity o� liabiiity limit the District may possess. 10. Insurance. Owner and the District remain solely respansible for maintaining liability and other insurance for thelr own uses of and autF�ority over the Property. 11. Waiver. A decisivn by either parry not to exercise its rights of � enforcement in the event of a breach of a term of this easement is not a � waiver of such term� any subsequent breach of the same or any othe� term, or any of the party's rights under thts easement. The delay or , failure to discover a breach or to exercise a right af enfortement as to such breach does not impair or waive a party's rights of enforcement, all of which shall be cumulative and not exclusive. . , 12. Acts Bevond Parnr's Control. A pany will not exercise its right of � enforcement against the other party for injury or alteration to the Property resulting from: (a} a cause beyond the reasonahle control of that : party, including without limitation fire, ffood, a precipitation event with a statisticaf recurrence interval of 100 years or mare, storm� and earth � movement resulting from natural forces or the act of a third party; or (b) � any prudent action taken by the party under emergency conditians to prevent, abate or mitigate significant injury or alteration resulting from such a cause. 3