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• 8. ATTORNEYS' FEES. In the event a suit, action, mediation, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under the US Bankruptcy Code, is instituted, or the services of an attorney are retained, to interpret or enforce any provision of this Agreement or with respect to any dispute relating to this Easement Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorneys',paralegals', accountants' and other experts' fees and all other fees, costs, and expenses actually Incurred and reasonably necessary in connection therewith. In the event of suit, action, mediation, arbitration, or other proceeding, the amount thereof shall be determined by the judge, mediator or arbitrator, shall include fees and expenses , incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 9. BENEFIT AND BURDEN. The easements provided for in this Easement Agreement are appurtenant to the respective benefited properties and the benefit of these easements shall run with the ownership of the respective benefited properties, including any division or partition thereof, and the burden of these easements shall bind and run with the ownership of the Easement Areas,including any division or partition thereof. This Easement Agreement shall be binding upon and inure to the benefit of the parties to this agreement and their respective heirs,successors and assigns.In the event of any partition or division of either the Parcel 2 Property or the kV Leasing Property, the cost of improvements and the cost of maintenance of the Taxiway shall be equally allocated between each user of the Taxiway, irrespective of the ratio of the area of any property owner to the area of the Parcel 2 Property and/or kV Leasing Property. 10. DEFAULT AND REMEDIES 10,1 Default. The following shall be events of default: (a) Failure of either party to make any payment under this Agreement within ten(10)days after written notice from the other party that it is due; (b) Failure of either party to comply with any other term or condition or fulfill any other obligation of this Agreement within twenty (20) days after written notice from the other party specifying the nature of the failure with reasonable particularity, t I 10.2 Remedies. Upon default by either party, the other party shall be entitled to such remedies for breach of contract as may be available under applicable law or in equity including(without limitation)the remedies of injunction and specific performance. 10.3 Right to Cure. Without prejudice to any other remedy for default of a �.. . party, the other party may perform any obligation or make any payment required to cure a default by such party. The cost of performance, including attorneys' fees and all disbursements shall immediately be repaid by the defaulting party, upon demand, together with interest from the date of expenditure until fully paid at the prime rate as announced In The Wall Street Journal from time to time plus 5%per annum, but not in any event at a rate greater than the maximum rate of interest permitted by law. Page 4 of 12—Reciprocal Taxiway Easement Agreement(Parcel 2—Parcel 3) 4.0 IE:Cllene50at-7500\6184-1nocaTinok from4-21-OSMeeting with Vannoot9 Parcel 2-3 Taxiway Basement r5.doc