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of any of Grantee's or Co -Grantee's rights under this Easement. No delay or omission <br />by Grantee or Co -Grantee in the exercise of any right or remedy upon any breach by <br />Grantors shall impair such right or remedy or be construed as a waiver. <br />9.10 Waiver of Certain Defenses. Grantor acknowledges that it has carefully reviewed <br />this Easement and has consulted with and been advised by legal counsel of its terms <br />and requirements. In full knowledge of the provisions of this Easement, Grantor <br />hereby waives any claim or defense it may have against Grantee, Co -Grantee, or their <br />successors in interest under or pertaining to this Easement based upon abandonment, <br />adverse possession or prescription relating to the Protected Property or this Easement. <br />Except for the foregoing, Grantor specifically retains any and all rights it has under the <br />law as owner of the Protected Property, including, without limitation, the right to bring <br />claims against Grantee or Co -Grantee for any breach by Grantee or Co -Grantee of the <br />terms of this Easement. <br />9.11 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be <br />construed to entitle Grantee or Co -Grantee to bring any action against Grantor to abate, <br />correct, or restore any condition on the Protected Property or to recover damages for <br />any injury to or change in the Protected Property resulting from actions by a trespasser <br />upon the Protected Property or causes beyond Grantor's control, including, without <br />limitation, natural disaster, fire, flood, storm, pest infestation, earth movement, and <br />climate change, and from any prudent action taken by Grantor under emergency <br />conditions to prevent, abate, or mitigate significant injury to the Protected Property <br />resulting from such causes. In the event the terms of this Easement are violated by acts <br />of trespassers, and Grantor has not undertaken suit itself, Grantor agrees, at Grantee's <br />and Co -Grantee's option, to assign its right of action to Grantee and Co -Grantee, or to <br />appoint Grantee and Co -Grantee its attorneys in fact, for purposes of pursuing <br />enforcement action against the responsible parties. <br />9.12 Compliance Certificates. Upon request by Grantor, Grantee and Co -Grantee shall, <br />as soon as possible and no later than thirty (30) days after receipt of such request, <br />execute and deliver to Grantor any document, including an estoppel certificate, which <br />certifies, to the best of Grantee's and Co -Grantee's knowledge, Grantor's compliance <br />or lack thereof with any obligation of Grantor contained in this Easement and otherwise <br />evidences the status of this Easement as requested by Grantor. Such certification shall <br />be limited to the condition of the Protected Property as of Grantee's and Co -Grantee's <br />most recent inspection. If Grantor requests more current documentation, Grantee or <br />Co -Grantee shall conduct an inspection, at Grantor's expense, within forty-five (45) <br />days of receipt of Grantor's written request and payment therefor. Any Beneficiary to <br />this Easement shall not be estopped from claiming or enforcing a violation of this <br />Easement unless such Beneficiary has also executed the Compliance Certificate. <br />-24- <br />