DCPREZ-2014-10753 - Laserfiche WebLink

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5. Disputes. All claims, disputes or other matters or questions arising out of or related to this Agreement or breach thereof shall be decided in a court of competent jurisdiction located in Dane County,Wisconsin. In the event that it is ever determined that the terms or conditions of this Agreement governing the Driveway Easement have been violated or breached, in addition to any other rights or remedies to which the non-defaulting party in litigation may be entitled,the defaulting party in litigation shall be obligated to pay all of the non-defaulting party's costs and expenses associated with enforcement of this Agreement,whether incurred prior to or after the commencement of any lawsuit, including any reasonable attorney fees. Regardless of any other provision of this Declaration, no breach of this Declaration will entitle the owner of Lot 1, or any successor, to cancel, rescind or otherwise terminate the Driveway Easement, but this limitation will not affect, in any manner, all other rights or remedies which may otherwise be available by reason of any breach of this Declaration. 6. Equal Rights of Use. The owner of Lot 1 and the owner of the 42 Acre Parcel shall have equal rights of ingress and egress over the Driveway Easement and shall take no action to prevent the other party's enjoyment of such rights. 7. Covenants Run with Land. All of the terms and conditions in this Declaration, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of,and be enforceable by the owner of Lot 1 and the owner of the 42 Acre Parcel and their respective successors and assigns in perpetuity.The easement granted under Section 1 of this Declaration is an easement appurtenant to Lot 1 and the 42 Acre Parcel and may not be transferred separately from, or severed from, title to Lot I or the 42 Acre Parcel Furthermore, the benefits of the easements granted under this Declaration shall not be extended to any properties other than Lot 1 or the 42 Acre Parcel without the consent of both the owner of Lot' and the owner of the 42 Acer Parcel. THIS DECLARATION SHALL NOT BE EXTINGUISHED,INVALIDATED OR OTHERWISE MODIFIED BY THE DOCTRINE OF MERGER OR BY ANY OTHER CONSEQUENCE OF COMMON OWNERSHIP,NOW OR HEREAFTER,OF LOT 1 AND THE 42 ACRE PARCEL. 8. Non-Use. Non-use or limited use of the easement rights granted in this Declaration shall not prevent the owner of Lot 1 and the owner of the 42 Acre Parcel from later use of the easement rights to the fullest extent authorized in this Declaration. 9. Governing Law. This Declaration shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 10. Entire Agreement. This Declaration sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Declaration and duly recorded in the office of the Register of Deeds of Dane County, Wisconsin. 11. Notices. All notices to either party to this Declaration shall be delivered in person or sent by certified mail,postage prepaid,return receipt requested,to the other party at that party's last known address. If the other party's address is not known to the party desiring to send a notice,the party sending the notice may use the address to which the other party's property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 3