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<br />. Exhibit H: Declaration of Restrictive Covenants <br /> <br />. <br /> <br />. <br /> <br />every Monday through Friday, and all day every Saturday, Sunday and on federally- <br />recognized holidays (the "License"). <br /> <br />2. Term of Declaration. The License granted in Section 1 hereof shall become <br />effective on the date Cummings Park Drive (as depicted on the site plan attached hereto as <br />Exhibit C) is completed and open for public use. <br /> <br />3. Maintenance. Cardiac hereby covenants and agrees to maintain and keep the <br />Land in good condition and state of repair, in compliance with all govemmentallaws, rules, <br />regulations, orders, and ordinances exercising jurisdiction thereover. <br /> <br />4. Reserved Security Right. Cardiac, its successors and assigns in title, hereby <br />reserves the right to temporarily close the Land, and the right to modifY the hours the Land is <br />accessible to the public as outlined in Section I above. In addition, Cardiac reserves the right <br />to terminate the License in the following circumstances: <br /> <br />(a) }fnecessary to protect the safety of Cardiac's property or its employees <br />(or the property and employees of Cardiac's affiliates), Cardiac may terminate the <br />License by delivering a written notice to the City which contains the reasons for <br />Cardiac's action. The termination shall be effective upon delivery of the notice. <br /> <br />(b) Cardiac may terminate the License by delivering a written notice to the <br />City sixty (60) days in advance of the termination date. The termination notice shall <br />include Cardiac's reasons for its action. <br /> <br />5. Successors and Assigns. The License granted herein shall run with the Land <br />and be binding on all persons claiming ownership thereunder, subject to Section 4 above. <br /> <br />6. No Public Dedication. Notwithstanding anything apparently to the contrary <br />herein, there is no public dedication of or public rights in the Land, which remains purely <br />private property. All rights ofthe City and/or the public on the Land as set forth in this <br />Declaration are solely of a propriety nature. <br /> <br />7. Severability. mvalidation of any of the prOVlSlOns contained in this <br />Declaration, or of the application thereof to any person by judgment or court order shall in no <br />way affect any of the other provisions hereof or the application thereof to any other person <br />and the same shall remain in full force and effect. <br /> <br />MI :974575.06 <br /> <br />-2- <br />