Easement And Declaration Of Restrictive Covenants (Page 5 of 7) in pdf

16.

General provisions:

Controlling law: The interpretation and performance of this instrument

shall be governed by the laws of the State of Arizona and any applicable federal laws.

Liberal construction: Any general rule of construction to the contrary

notwithstanding, this instrument shall be liberally construed in favor of the grant to effect the

purpose of this instrument and the policy and purpose of CERCLA. If any provision of this

instrument is found to be ambiguous, an interpretation consistent with the purpose of this

instrument that would render the provision valid shall be favored over any interpretation that

would render it invalid.

Severability: If any provision of this instrument, or the application of it to

any person or circumstance, is found to be invalid, the remainder of the provisions of this

instrument, or the application of such provisions to persons or circumstances other than those to

which it is found to be invalid, as the case may be, shall not be affected thereby.

Entire Agreement: This instrument sets forth the entire agreement of the

parties with respect to rights and restrictions created hereby, and supersedes all prior discussions,

negotiations, understandings, or agreements relating thereto, all of which are merged herein.

No Forfeiture: Nothing contained herein will result in a forfeiture or

reversion of Grantor's title in any respect.

Joint Obligation: If there are two or more parties identified as Grantor

herein, the obligations imposed by this instrument upon them shall be joint and several.

Successors: The covenants, terms, conditions, and restrictions of this

instrument shall be binding upon, and inure to the benefit of, the parties hereto and their

respective personal representatives, heirs, successors, and assigns and shall continue as a

servitude running in perpetuity with the Property. The term "Grantor", wherever used herein,

and any pronouns used in place thereof, shall include the persons and/or entities named at the

beginning of this document, identified as "Grantor" and their personal representatives, heirs,

successors, and assigns. The term "Grantee", wherever used herein, and any pronouns used in

place thereof, shall include the persons and/or entities named at the beginning of this document,

identified as "Grantee" and their personal representatives, heirs, successors, and assigns. The

rights of the Grantor under this instrument are freely assignable, subject to the notice provisions

hereof.

Appendix E to Consent Decree

Case 2:03-cv-02226-ROS

Document 82-6

Filed 06/27/2006

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Easement And Declaration Of Restrictive Covenants Page 5