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Attachment C 167 (e) Agreement to Continue Notwithstanding Breach. It is expressly agreed that no 168 breach of this Agreement shall entitle any party, it successors or assigns, to cancel, rescind or 169 otherwise terminate any easements created hereunder. However, such limitations shall not 170 affect, in any manner, any other rights or remedies which such party may have hereunder by 171 reason of such breach. 172 (� Attorneys' Fees. If any Owner reasonably incurs costs in order to enforce any 173 provision of this Agreement, the prevailing Owner shall be reimbursed by the other for all 174 reasonable costs so incurred, including reasonable attorneys' fees and costs. 175 (g) Running of Benefits and Burdens. All provisions of this Agreement shall run 176 with the land and shall inure to the benefit of and be binding upon each Owner of a Lot and their 177 respective successors and assigns, including any mortgagees or subsequent holders of mortgages. 178 (h) Amendments. No amendment, modification or waiver of any condition, provision 179 or term of this Agreement shall be valid or of any effect unless made in writing and signed by the 180 parties to be bound thereby or their duly authorized representative(s). 181 (i) Headin�s. The headings contained in this Agreement are for notice purposes 182 only. In all instances, reference should be made to the specific terms and provisions hereof. 183 (j) Severabilitv. If any provision or application of this Agreement is held unlawful or 184 unenforceable in any respect, such illegality or unenforceability shall not affect other provisions 185 or applications which can be given effect, and this Agreement shall be construed as if the 186 unlawful or unenforceable provisions or application had never been contained herein or 187 prescribed hereby. 188 (k) Governing Law. All of the terms and provisions of this Agreement shall be 189 governed by and controlled solely by the laws of the State of Minnesota. 190 (1) Time. Time is of the essence of this Agreement. 191 (m) Owner. The term "Owner" as used in this Agreement shall mean any person or 192 entity that owns fee simple title to a Lot. For the purposes of this Agreement, unless otherwise 193 specifically provided herein, "Owner" shall include any beneficiary of a land trust that holds title 194 to any Lot. If any Lot is sold by a contract for deed or installment land contract, which has been 195 recorded and for which no uncured affidavit of default has been recorded by the vendor in 196 connection therewith, then the vendee, rather than the vendor under said contract for deed shall 197 be deemed the "Owner" for purposes of this Agreement 198 IN WITNESS WHEREOF, this Agreement has been executed on the day and year first 199 set forth above.