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2. Grantor does hereby give, grant, and convey to Grantees a non-exclusive
<br />easement for purposes of ingress to and egress from and regress over the Roadway Property.
<br />The parties hereto acknowledge and affirm that the express intent of this provision, and the
<br />easement granted hereby, is to grant access to each of the Grantees, and to each of their respective
<br />successors and assigns, including successors in title and tenants, guests, and invitees of the DT
<br />Property and I.R.C. Property, respectively, over and upon the Roadway Property.
<br />3. Grantor does hereby give, grant, and convey to Grantees a non-exclusive
<br />easement, for purposes of connecting to existing utilities, to place, construct, operate and maintain
<br />utilities serving the DT Property and I.R.C. Property with water, electric, gas, sewer, storm water
<br />and all such other utilities as may be necessary or desirable, upon the Roadway Property
<br />connecting to the stormwater, utilities and sewer line easements reserved by the City of Vero
<br />Beach, Florida in Official Records Book 989, Page 2717, Official Records Book 1053, Page 2976,
<br />and Official Records Book 210, Page 561, of the Public Records of Indian River County, Florida,
<br />as may be amended and restated from time to time.
<br />4. The Parties agree to exercise the access and utility rights granted hereunder in a
<br />reasonable manner so as not to unreasonably interfere with the reasonable use of the Roadway
<br />Property by such Parties, so as not to damage any improvements thereon, and to correct or repair
<br />damages caused by or through the granting of the utility rights hereunder.
<br />5. Nothing contained herein shall, in any way, be deemed or constitute a gift of or
<br />dedication of any portion of the Roadway Property to the general public or for the benefit
<br />of the general public whatsoever, it being the intention of the Parties that this grant set forth
<br />herein is limited to and in utilization of the sole purposes expressed herein and only for the
<br />benefit of the Parties herein named, including each of their respective successors and assigns,
<br />including successors in title and tenants, guests, and invitees, of the DT Property and I.R.C.
<br />Property, to the extent stated herein. Notwithstanding the legal descriptions as described herein,
<br />the DT Property and Roadway Property are intended to be contiguous and there is expressly no
<br />granting of an easement or any other rights by DT to any other party hereto over or in relation to
<br />the DT Property by this Agreement.
<br />6. Each of the Grantees hereby indemnifies and holds harmless Grantor from any
<br />and all actions, causes of actions, claims, liabilities, demands and losses of any kind whatsoever
<br />which may be filed or made against Grantor by reason of such respective Grantee's negligent
<br />use of the Roadway Property, including, without limitation, the negligent use by such Grantee's
<br />tenants, guests, and invitees, except for any claims arising out of or resulting from intentional or
<br />negligent acts on the part of Grantor. Notwithstanding anything to the contrary set forth herein,
<br />IRC's liability shall only be to the limits set forth in section 768.28, Florida Statutes, and shall
<br />exclude the negligence of third parties.
<br />7. The terms and conditions hereof shall run with the Roadway Property, the DT
<br />Property and the I.R.C. Property and shall inure to the benefit of and be enforceable by each of
<br />the Parties, and each of their respective legal representatives, successors, and assigns, and each of
<br />the Parties shall have the right of action to enforce by proceedings at law or in equity all conditions
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