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Property, all of which easements, rights, interests, and any remedies related thereto are expressly
<br />reserved by the City and all other Beneficiaries, if applicable.
<br />11. In furtherance of this Avigation Easement, and rights herein granted, Grantor and
<br />its successors, and assigns, hereby covenant at all times hereafter, that it/they will not cause or allow
<br />any electronic or other transmissions or emissions, glare, misleading lighting, smoke, dust, visual
<br />impairments, or other hazards to the Navigable Airspace to exist on the Subject Property, and will
<br />not erect or grow, or allow to be erected or grown, any obstruction to the Navigable Airspace on
<br />the Subject Property which would conflict or interfere with or infringe on the City's or other
<br />Beneficiaries' rights herein granted. Grantor, individually and for its successors, assigns, and other
<br />persons using the Subject Property with the implied or express consent of Grantor, further grants,
<br />conveys and assigns to the City, and to its successors and assigns, a continuing right of entry onto
<br />the Subject Property, at reasonable times and after reasonable notice, for the purpose of removing,
<br />marking, or lighting any structure or other object that enters into the Navigable Airspace above the
<br />Subject Property, or otherwise conflicts or interferes with or infringes on any of the rights granted
<br />to the City or other Beneficiaries under this Avigation Easement.
<br />12. Subject to the provisions set forth above, the rights, easements, benefits,
<br />restrictions, covenants and agreements granted herein, including this Avigation Easement, shall
<br />continue notwithstanding any increase or other change in the boundaries, volume of operations,
<br />noise, or pattern of air traffic at JWA. This Avigation Easement may not be modified, amended,
<br />terminated, or abandoned except by execution and delivery of an instrument executed and
<br />acknowledged by the City, or its authorized agents, successors, or assigns, and Grantor agrees
<br />that, in the absence of such an instrument, no conduct by the City, or is agents, successors and
<br />assigns, or increase, diminution, or change in use of this Avigation Easement, shall constitute
<br />an overburdening of this Avigation Easement or a termination or abandonment of this
<br />Avigation Easement.
<br />13. The parties to this Avigation Easement acknowledge and agree that the
<br />easement, and all the rights, easements, benefits, restrictions, covenants and agreements set forth
<br />herein shall run with the land of the Grantor and the Airport, and any successor or assign of the
<br />Grantor who acquires any estate or interest in or right to use the Subject Property shall be bound
<br />by this Avigation Easement for the benefit of the City of Santa Ana, JWA, and its agents,
<br />successors and assigns, including, without limitation, all users of JWA. The parties to this
<br />Avigation Easement further acknowledge and agree that the easement, and all the rights,
<br />easements, benefits , restrictions, covenants and agreements set forth herein shall be deemed to be
<br />in gross, being conveyed to the City for the benefit of the City and any and all members of the
<br />general public who may use said easement or right-of-way in landing at, taking off from, or
<br />operating aircraft to and/or from JWA.
<br />14. Grantor, together with its successors and assigns, hereby waives its right to legal
<br />action against the City, and its successors and assigns, for monetary damages or other redress due
<br />to impacts described in this Avigation Easement, including but not limited to those impacts
<br />described in Paragraphs 8 and 9, above, that result from aircraft operations to and/or from JWA in,
<br />to, over, and through the Navigable Airspace above the Subject Property.
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