Easement And Declaration Of Restrictive Covenants (Page 6 of 7) in pdf

Easement And Declaration Of Restrictive Covenants Page 6

Termination of Rights and Obligations: A party's rights and obligations

under this instrument terminate upon transfer of the party's interest in the Easement or Property,

except that liability for acts or omissions occurring prior to transfer shall survive transfer.

Third Party Beneficiary. EPA’s [AND ADEQ’S] rights as third party

beneficiary of this Covenant shall be construed pursuant to principles of contract law under the

statutory and common law of the State of Arizona.

Captions: The captions in this instrument have been inserted solely for

convenience of reference and are not a part of this instrument and shall have no effect upon

construction or interpretation.

Counterparts: The parties may execute this instrument in two or more

counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be

deemed an original instrument as against any party who has signed it. In the event of any

disparity between the counterparts produced, the recorded counterpart shall be controlling.

TO HAVE AND TO HOLD unto the Grantee and its assigns forever.

IN WITNESS WHEREOF, Grantor has caused this Agreement to be signed in its

name.

Executed this ______ day of ____________, 20__.

_____________________________

By: _________________________

Its: ________________________

STATE OF

)

) ss

COUNTY OF

)

On this __ day of _____, 20__, before me, the undersigned, a Notary Public in and for the

State of __________, duly commissioned and sworn, personally appeared

___________________, known to be the _______________ of __________________, the

corporation that executed the foregoing instrument, and acknowledged the said instrument to be

the free and voluntary act and deed of said corporation, for the uses and purposes therein

mentioned, and on oath stated that they are authorized to execute said instrument.

Witness my hand and official seal hereto affixed the day and year written above.

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 6