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<br />7. Maintenance and Decisions Relating: to M~intenance. All decisions regarding
<br />main.tenance and repait of the driveways, roads, sidewalks, pedestrian access ways and
<br />parking areas located upon a party's property shall be made by the party owning that
<br />property. The parties agree to keep the portions of their properties which are subject to the
<br />easements granted herein reasonably maintained.
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<br />8. Allocation of Costs of Maintenance and Repair. The cost of maintaining and
<br />repairing the driveways, roads, sidewalks, pedestrian access ways and parking areas located
<br />upon a party's property shall be borne by the p~ty owning the property in question. Bach
<br />party shall maintain and bear the cost of reasonable and customary casualty and Jiability
<br />insurance on that party's property. The parties shall endeavor to obtain from their insurers
<br />appropriate Jjability insurance endorsements and respect to the use of the driveways, roads,
<br />sidewalks, pedes~n ac:cess ways and parking areas located upon a party's property naming
<br />the other property owner or owners as additional insurers.
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<br />9. Indemnification.
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<br />A Rosewood shall defend, indemnify, and save Nelson and the Nelson Property
<br />harmless against and from any and all claims, actions, damages, costs and expenses suffered
<br />or incurred or paid by or assesliec1 against Nelson or the Nelson Property, including but not
<br />limited to attorney's fees, arising from or with respect to the Rosewood Property, or the use,
<br />none-use, condition or any other aspect thereof, attributable to the actions ofRo5ewood, and
<br />Rosewood shall discharge of record, within thirty 30 days after the filing thereof, any
<br />mechanic's Hen filed against the Nelson Property to the extent said lien results from. the
<br />failure of Rosewood to pay the costs of maintaining, repairing, razing, reconstructing or
<br />relocating the driveways; roads, $idewaIks, pedestrian access ways and parking areas located
<br />upon the Rosewood Property.
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<br />B. Nelson shall de.fend, indemnify, and save Rosewood and the Rosewood
<br />Property harmless against and from any and all claiIm, actions, damages, costs
<br />and expense.s suffered or incUITc.d or paid by or a.~serted against Roscwcod
<br />or the Rosewood Property; inclucting, but not limited to, attorneys fees.,
<br />arising from or with respect to the Nelson Property, or tbe use, non-use,
<br />condition or any other aspect thereof, attributable to the actions of Nelson,
<br />a.nd Nelson shall discharge of record, wjthjn thirty (30) days after the filing
<br />thereof, any mechanic's lien filed against the Rosewood Property to the extent
<br />said lien resuJ,t from the failure of Nelson to pay the costs of mainta.jnilJg,
<br />repairing, razing, reconstructing or relocating the driveways, roads, sidewa~,
<br />pedestrian access ways and parking areas located upo;n the Nelson Property.
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<br />10. Enforcement. Any party may enforce this instrUment by appropriate action
<br />and sbould said party prevail in su~h actjo~ that party shall re~over any reasonable ~osts or
<br />reasonable attorney's fees which may be incurred.
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<br />195664.3
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