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<br />/ the benefit of Declarant in gross, and (b) that Declarant accepts the maintenance, operation, <br />repair, replacement and indemnification obligations set forth herein, which shall apply to, <br />burden and bind the Declarant in gross and serve and benefit the Premises as an appurtenance <br />running with title to the Premises: <br /> <br />1. WATER MAIN EASEMENTS. Declarant does hereby impose and subject <br />the Premises to perpetual non-exclusive easements in gross for underground water main <br />utilities and appurtenances (the "Water Main Easements") within that portion of the Premises <br />legally described on Exhibit "A" attached hereto and made a part hereof (the "Water Main <br />Easement Parcels"). <br /> <br />2. SANITARY SEWER EASEMENTS. Declarant does hereby impose and <br />subject the Premises to perpetual non-exclusive easements in gross for underground sanitary <br />sewer utilities and appurtenances (the "Sanitary Sewer Easements") within that portion of the <br />Premises legally described on Exhibit liB" attached hereto and made a part hereof (the <br />"Sanitary Sewer Easement Parcels"). <br /> <br />3. STORM SEWER EASEMENTS. Declarant does hereby impose and subject <br />the Premises to perpetual non-exclusive easements in gross for underground storm sewer <br />utilities and appurtenances (the "Storm Sewer Easements") within that portion of the <br />Premises legally described on Exhibit "C" attached hereto and made a part hereof (the "Storm <br />Sewer Easement Parcels"). <br /> <br />4. GEJ.'\TERAL UTILITY EASE.1VIENTS. Declarant does hereby impose and <br />subject the Premises to perpetual non-exc1usive easements in gross for underground utilities <br />and appurtenances (the "General Utility Easements") within that portion of the Premises <br />legally described on Exhibits "A", "B" and "C" and on that portion of the Premises legally <br />described on Exhibit liD" attached hereto and made a part hereof (the "General Utility <br />Easement Parcel"). <br /> <br />5. MAINTENANCE. Declarant, does hereby declare that it shall maintain, <br />operate, repair and replace the water main, stann sewer and sanitary sewer utilities, pipes and <br />appurtenances within the Water Main Easement Parcels, Sanitary Sewer Easement Parcels and <br />Stann Sewer Easement Parcels and any other utilities, pipes or appurtenances owned by <br />Declarant within any of the easements created by this Declaration. <br /> <br />6. INDEMNIFICATION. In exercising the obligations and duties specified at <br />Section 5 above, Declarant shall exercise due care and diligence to avoid injury or damage to <br />any person or to any improvements or personal property located on the Premises. In addition, <br />Declarant shall indemnify and hold hannless any subsequent owner of the Premises, its <br />successors and assigns, from any damage or loss arising or occurring as a result of the water <br />main, stann sewer and sanitary sewer utilities, pipes and appurtenances within the Water Main <br />Easements, Sanitary Sewer Easements and Stonn Sewer Easements and any other utilities, <br />pipes or appurtenances owned by Declarant within any of the easements created by this <br />Declaration, including damage to persons or property; provided however, that Declarant shall <br /> <br />222903 . v3 <br /> <br />2 <br />