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• 1. Grant of Open Space Easement. Owner, as grantor, hereby grants to the Town an open space easement for pathway purposes, which shall include, without limitation, pedestrian, bicycle, and equestrian access and use, together with the right of ingress and egress thereto, on, over, and across those portions of the Property as shown on Exhibit B attached hereto (the "Easement"),to have and to hold said Easement for the term and for the purposes and subject to the conditions, covenants and restrictions contained herein. 2. Construction of Pathway Facilities. The Town shall have the right,but not the obligation, to construct a pathway and any improvements incidental thereto within the Easement ("Pathway Facilities"). Any costs or expenses incurred in connection with constructing the Pathway Facilities shall be paid by the Town. Owner shall incur no liability in connection with the construction of the Pathway Facilities. 3. Maintenance of Pathway Facilities. The Town shall maintain the Easement • and the Pathway Facilities in good condition and repair. Any costs or expenses incurred in connection with any such maintenance or repair work shall be paid by the Town. Owner. shall incur no liability in connection with any maintenance or repair work performed on the Easements or the Pathway Facilities except to the extent any such maintenance or repair work is required as a result of any intentional or willful misconduct of Owner. 4. Restriction on Use of Easement. During the term of this Agreement, the Easement shall not be used for any purpose other than as an open space easement, including those uses described in Section 1 above. Owner, for the direct benefit of the public and the Owner, hereby declares that the Easement shall be subject to the following restrictive covenants that shall run with the land and shall be binding upon all subsequent owners of the Property: a. No buildings,structures,or improvements,including any fences, shall be constructed on or within the Easement except as necessary in connection with any public or private utility easement dedicated to the Town, provided these reserved exceptions shall be consistent with the purposes of law and shall not permit any action which will be incompatible with maintaining and preserving the natural or scenic character of the land; b. No natural resources shall be extracted from the Easement nor shall other activities be allowed or conducted on the Easement which may destroy the unique physical and scenic characteristic of the land or interfere with the Pathway Facilities; c. No grading of the Easement shall be allowed other than in connection with the construction, repair, and maintenance of the Pathway Facilities or as necessary in connection with other permitted uses; and d. No landscaping or planting of any kind by Owners shall be allowed within the Easement. The Town shall have the right to cut, trim, remove, or thin any vegetation or growth located within or adjacent to the Easement and the Town, at its sole 2 N:\DATA\Clients\L\LAH\Projects\Ginzton\GinN.oseas