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10. In the event that the Driveway is substantially damaged or totally destroyed, is <br /> removed from the Easement Area, or the Owners fail to comply with any of the Owners' <br /> obligations under this Agreement, the Owners shall remove any remaining portions of the <br /> Driveway which are located within the Easement Area, and the Owners' right to construct, <br /> maintain, and repair the Driveway in the Easement Area shall terminate. The Owners agree to <br /> complete such removal at their own cost and in accordance with all applicable laws, codes, and <br /> regulations pertaining thereto. In the event that the Driveway is not removed, the City shall have <br /> the right, upon giving the Owners ten (10) days' prior written notice, to remove the Driveway, in <br /> which case the Owners shall be responsible for the costs thereof. Such costs of removal, and any <br /> and all other amounts due hereunder, shall be fully paid within ten (10) days following the <br /> delivery of written demand therefor upon the Owners. If not timely paid, the costs shall be <br /> assessed as a lien against the 2095 Property and the 2105 Property. The Owners waive any and <br /> all rights to challenge or appeal the assessment. <br /> 11. The covenants and agreements contained herein shall be binding upon and inure <br /> to the benefit of the parties hereto, and their successors and assigns, and shall run with the land. <br /> 12. Except for the Owners' right to construct, maintain, and repair the Driveway as <br /> provided herein, the City shall continue to have all of the rights and privileges which have been <br /> granted to the City by the drainage and utility Easement herein. <br /> 13. The obligations of all parties signing this Agreement as Owners shall be joint and <br /> several. <br /> 14. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br /> Agreement is for any reason held invalid, such decision shall not affect the validity of the <br /> remaining portions of this Agreement. <br /> 6 <br />