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1. GRANT OF EASEMENT. The Grantor grants to the <br />Grantee for the general use and benefit of the public, a <br />perpetual right and easement to keep, maintain, construct, repair <br />and replace a sidewalk over the Easement Area. The Grantor <br />grants to the Grantee, for the general use and benefit of the <br />public a perpetual right of ingress and egress over the Easement <br />Area for purposes of maintaining, replacing and repairing the <br />sidewalks. <br />2. RESTRICTION ON THE GRANTEE'S USE OF THE PROPERTY. <br />The Grantee agrees not to disturb the surface of the Property, <br />except as required in the exercise of its rights under this <br />Easement Agreement. If the Grantee disturbs the surface of the <br />Property, the Grantee agrees that upon completion of all work, <br />the Grantee will, within a reasonable period of time after said <br />completion, reconstruct or repair any improvements which are <br />disturbed and will fill, grade, replant, landscape and take all <br />steps to do all other things that are reasonably necessary to <br />return the Property, its surface and improvements thereon, to <br />substantially the same condition that existed immediately prior <br />to such disturbance. <br />3. INDEMNITY. The Grantee agrees to defend, <br />indemnify and hold the Grantor, its beneficiaries, agents, <br />employees, successors and assigns harmless from and against all <br />claims, demands, liabilities and expenses, including attorneys' <br />fees and costs, which in any way arise out of or result either <br />directly or indirectly from the exercise, use or enjoyment of any <br />rights or obligations granted to the Grantee under this Easement <br />Agreement. <br />4. RUNNING OF BENEFITS AND BURDENS. The recitals <br />herein set forth are hereby made a part of this Easement <br />Agreement. All provisions of this Easement Agreement, including <br />the benefits and burdens, are intended to and shall run with the <br />land and are binding upon and shall inure to the benefit of the <br />successors, assigns and legal representatives of each of the <br />parties hereto. <br />5. ATTORNEYS' FEES. Either party may enforce this <br />Easement Agreement by appropriate action, and, should it prevail <br />in such litigation, it shall recover as part of its costs <br />reasonable attorneys' fees and expenses. <br />6. NOTICE. The Grantor's address is c/o Newton N. <br />Minow, One First National Plaza, Suite 4800, Chicago, Illinois <br />60603 and the Grantee's address is 901 Wellington, Elk Grove <br />Village, Illinois 60007. Either party may give written notice of <br />change of address to the other. All notices shall be sent by <br />U.S. Mail to the address provided for in this paragraph, and <br />shall be deemed given when placed in the mail. The affidavit of <br />the person depositing the notice in the U.S. Post Office <br />receptacle shall be evidence of such mailing. <br />-2- <br />