(1) It is not appurtenant to or does not run with an interest in real property.
(2) It may be or has been assigned to another holder.
(3) It is not of a character recognized traditionally at common law.
(4) It imposes a negative burden.
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder.
(6) The benefit does not touch or concern real property.
(7) There is no privity of estate or of contract.
(8) It does not run to the successors and assigns of the holder.
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