DCPREZ-2015-10929 - Laserfiche WebLink

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any injuries or damages received or sustained by any person,persons,or property on account of or arising out of the use of Parcel B by Parcel A Owner or its agents,contractors,subcontractors,invitees,or employees. 5. Equal Rights of Use. Parcel A Owner and Parcel B Owner shall have equal rights of ingress and egress over the Driveway and shall take no action to prevent the other party's enjoyment of such rights. 6. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burdens,shall run with the land and shall be binding upon,inure to the benefit of,and be enforceable by Parcel A Owner and Parcel B Owner and their respective successors and assigns.The easement granted under Section 1 of this Agreement is an easement appurtenant to Parcel A and may not be transferred separately from,or severed from,title to Parcel A. Furthermore,the benefits of the easements granted under this Agreement shall not be extended to any properties other than Parcel A without the consent of Parcel B Owner. The specific parties named as Parcel A Owner and Parcel B Owner in this Agreement,and each of their respective successors and assigns as fee simple owners of Parcel A and Parcel B,respectively,or any portion of Parcel A or Parcel B,shall cease to have further liability under this Agreement with respect to facts or circumstances first arising after the party has transferred its fee simple interest in Parcel A or Parcel B,respectively,except,however,for obligations that accrued during the party's period of ownership of title. 7. Termination. This Joint Driveway Agreement shall terminate at the time the Owner of Parcel A installs a driveway within their property boundaries as set forth in Exhibit 8. Non-Use. Non-use or limited use of the easement rights granted in this Agreement shall not prevent Parcel A Owner from later use of the easement rights to the fullest extent authorized in this Agreement. 9. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 10. Entire Agreement. This Agreement 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 Agreement and duly recorded in the office of the Register of Deeds of Dane County, Wisconsin. 11. Notices. All notices to either party to this Agreement 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. 12. Invalidity. If any term or condition of this Agreement,or the application of this Agreement to any person or circumstance,shall be deemed invalid or unenforceable,the remainder of this Agreement,or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable,shall not be affected thereby,and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 13. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 2.