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affected area to reasonably approximate its condition prior to such tivork being performed. In the event that Grantee fails to restore the affected area to such condition, Grantor may elect to undertake such restoration and the cost of such restoration shall be the sole responsibility of Grantee. G. Run with the Land; Public Utility. The permanent easement granted herein shall be perpetual acid shall run with the land and shall be binding on and inure to the benefit of the parties hereto and their successors and assigns; provided, however, in the event that such easement is dedicated to and accepted by the City of Concord, Cabarrus County or any public or quasi-governmental utility company or agency, all rights granted 'hereunder and all obligations shall be immediately extinguished. L`ntit such time, if any, as an express dedication or other conveyance to a governmental, quasi- governmental or other public utility is made, the easements conveyed and established hereunder shall be private. Furthermore, in the event of a dedication of the easement granted herein, and acceptance thereof by the applicable municipal entity or public or quasi-governmental utility company or agency, Grantor's consent hereto shall be deemed consent to such dedication and no further consent From Grantor shall be necessary in order to effectuate such dedication. Miscellaneous. a. No waiver of any provision of this Agreement shall be deemed to imply or constitute a further waiver of that provision or any other provision. Should any provision be declared invalid by a legal authority of competent jurisdiction, the other provisions of this Agrccment shall remain in full force and effect. b. Failure of any party hereto to comply with any or all of the terms and conditions of this Agreement shall not, under any circumstances, entitle any other party hereto to terminate this Agreement, or any portion herein, but shall give rise to such other remedies as may be provided in this Agreement or by law or equity. All rights, powers and privileges incurred hereunder shall be cumulative and in addition to and not the exclusion of those provided by law or equity. c. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. d. Spouses of grantors have joined in executing this Agreement for the sole purpose of conveying their marital interests, if any. [REiViANDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW] SVCSR ~ 127669v f F-3 Page 108