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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 />