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(c) The construction, installation, maintenance, repair and replacement of a fence or wall along the northern boundary of the Vegetative Buffer Area; (d) The construction, installation, maintenance, repair and replacement of underground utilities beneath the Vegetative Buffer Area; (e) The placement and maintenance of "no trespassing" signage relating to any reasonable point of access along the site perimeter, including existing or constructed trail roads or firebreaks, in accordance with Florida trespass law; and (f) The placement and maintenance of garden pathways, benches, birdhouses and feeders, and similar recreational improvements within the Vegetative Buffer Area. 4. Grantee's Discretion. Grantee may enforce the terms of this Vegetative Buffer Easement at its discretion, but if Grantor breaches any term of this Vegetative Buffer Easement and Grantee does not exercise its rights under this Vegetative Buffer Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Vegetative Buffer Easement, or of any of the Grantee's rights under this Vegetative Buffer Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy to be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Vegetative Buffer Easement. 5. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or property of third parties that may occur on the Vegetative Buffer Area arising from Grantor's ownership of the Vegetative Buffer Area. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage or injury to any person or personal property that may occur on the Vegetative Buffer Area. 6. Acts Beyond Grantor's Control. Nothing contained in this Vegetative Buffer Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Vegetative Buffer Area resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Vegetative Buffer Area resulting from such causes. 7. Recordation. Grantor shall record this Vegetative Buffer Easement in a timely fashion in the Official Records of Indian River County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Vegetative Buffer Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Vegetative Buffer Easement in the public records. 8. Covenants Running With the Land. The rights, agreements, duties, obligations and easements set forth in this Agreement shall run with the land and shall be binding upon and benefit the parties hereto and their respective successors, assigns, legal representatives, successors -in -title. -3- 0217278 L v I