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of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Premises within the terms of this Declaration. This 3.6 Flowage and Conservation Easement may be amended, modified, or terminated in part or in whole by written consent of the City, or its respective successors and assigns. 3.7 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 3.8 Easements are Appurtenant. All easements and similar rights burdening or benefitting a Lot or any other part of the Property shall be appurtenant thereto, and shall be permanent. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 3.9 Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property. 3.10 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Lot, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Lots for the purposes of maintenance, repair, replacement and reconstruction of the Common Area and other utilities serving the Lots, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 3.11 Assignment. The easements granted in this Declaration may not be assigned to any other party, provided that the City of Orono may assign its rights under this Declaration to any subdivision of the government of the City of Orono. 3.12 Stormwater Maintenance Covenant. The Owners shall pay an equal share for all costs to maintain and repair the stormwater management facilities set forth on the Plat. Maintenance shall include all necessary maintenance required to keep the stormwater management facilities functioning as designed, and all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "City Code") and the Stormwater Maintenance Plan adopted in conjunction with the Plat. All maintenance shall be conducted by the Association or its contractors, at the Owners' expense. 3.13 Covenants for Drainfield Protection. Each Lot has a primary and an alternate conforming septic system drain field site located thereon ("Drainfield Sites"), which locations have been approved by the City of Orono, Minnesota (the "City"), which may be the only two feasible Drainfield Sites on the Lot. The Drainfield Sites identified by Developer and approved by the City as of the date of this Declaration are shown on Exhibit `B" attached hereto and made a part hereof by reference. Neither of the 6 188927v1