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6 . NON-DISCRIMINATION : GRANTEE shall not discriminate against any <br /> individual because of that individual ' s race , color , religion , sex , national <br /> origin , age , handicaps , or marital status with respect to any activity <br /> occurring within this easement or upon lands adjacent to and used as an <br /> adjunct of this easement . <br /> 7 . LIABILITY : Each party is responsible for all personal injury and <br /> property damage attributable to the negligent acts or omissions of that party <br /> and the officers , employees and agents thereof . Nothing herein shall be <br /> construed as an indemnity or a waiver of sovereign immunity enjoyed by any <br /> party hereto , as provided in Section 768 . 28 , Florida Statutes , as amended from <br /> time to time , or any other law providing limitations on claims . <br /> 8 . COMPLIANCE WITH LAWS : GRANTEE agrees that this easement is contingent <br /> upon and subject to GRANTEE obtaining all applicable permits and complying <br /> with all applicable permits , regulations , ordinances , rules , and laws of the <br /> State of Florida or the United States or of any political subdivision or <br /> agency of either . <br /> 9 . ARCHAEOLOGICAL AND HISTORIC SITES : Execution of this easement in no way <br /> affects any of the parties ' obligations pursuant to Chapter 267 , Florida <br /> Statutes . The collection of artifacts or the disturbance of archaeological <br /> and historic sites on state -owned lands is prohibited unless prior <br /> authorization has been obtained from the State of Florida Department of State , <br /> Division of Historical Resources . <br /> 10 . PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES : Fee title to the <br /> lands underlying this easement is held by GRANTOR . GRANTEE shall not do or <br /> permit anything to be done which purports to create a lien or encumbrance of <br /> any nature against the real property of GRANTOR including , but not limited to , <br /> mortgages or construction liens against the real property described in Exhibit <br /> "A" or against any interest of GRANTOR therein . <br /> 11 . PARTIAL INVALIDITY : If any term , covenant , condition or provision of <br /> this easement shall be ruled by a court of competent jurisdiction to be <br /> invalid , void , or unenforceable , the remainder shall remain in full force and <br /> effect and shall in no way be affected , impaired or invalidated . <br /> 12 . SOVEREIGNTY SUBMERGED LANDS : This easement does not authorize the use <br /> of any lands located waterward of the mean or ordinary high water line of any <br /> lake , river , stream , creek , bay , estuary , or other water body or the waters or <br /> the air space thereabove . <br /> Page 3 of 9 <br /> Easement No . 31859 <br /> R03 / 19/ 08 <br />