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party shall submit a written statement (hereinafter "the <br />statement") to the other party for costs incurred by it, 'which <br />statement shall be payable within 30 days of receipt. Prior <br />to payment, the other party shall be entitled, upon request, <br />to copies of all invoices from suppliers of labor, materials <br />or services relative to the items covered by the statement. <br />3. Maintenance. <br />3.1 Maintenance Obligation. Subject to Tanurb's acquiring <br />the Tanurb Property, Tanurb agrees to perform all maintenance, <br />repair and reconstruction required in connection with the roadway. <br />Tanurb shall promptly pay for all labor, material and services <br />required to carry out this obligation, provided, however, that <br />any single item of repair, reconstruction or maintenance costing <br />in excess of $5,000.00 shall require the prior written apF_.,val <br />of Weis. The term "maintenance" shall include, without limiting <br />the generality of the foregoing, sign posting and such periodic <br />resurfacing as is reasonably necessary to maintain the roadway, <br />but shall not include snow removal. <br />3.2 Costs of Maintenance. The parties agree to share <br />equally the costs of all work performed in maintaining, repairing <br />or reconstructing the roadway. All costs for lienable items <br />shall be paid by the party contracting for said costs (hereafter <br />"the contracting party") in a timely fashion so as to avoid <br />imposition of a lien against the Easement Area. If a lien is <br />placed against the Easement Area in connection with maintenance, <br />repair or reconstruction work, the contracting party shall immedi- <br />ately pa;: said lien or deposit in an escrow account under terms <br />satisfac-.zry to the other party, an amount sufficient to satisfy <br />said lien. The contracting party shall submit a written statement <br />to the other party for costs incurred by it, which statement <br />.shall be payable within 30 days of receipt. Prior to payment, <br />the other party shall be entitled, upon request, to copies of <br />all invoices from suppliers of labor, materials or services <br />relative to the items covered by the statement. <br />3.3 Snow Removal. Prior approval shall not be required <br />for Tanurb to perform the function of snow removal should the <br />costs of removal appear likely to exceed $5,000.00. Tanurb <br />shall bill Weis for one-half of that portion of Tanurb's total <br />snow removal costs that the square footage of the Easement Area <br />bears to the total square footage of Tanurb's exterior common <br />area. In all other respects, the costs of snow removal shall <br />be handled in accordance with the provisions of this paragraph <br />3. <br />3.4 Non -Performance. In the event, in Weis' reasonable <br />judgment, Tanurb is not performing its maintenance obligations <br />hereunder, Weis mav, following 30 days prior written notice <br />by certified mail �r 24 hours oral notice if Tanurb fails to <br />snowplow the roadway, perform the same on Tanurb's behalf. <br />The costs of said maintenance performed by Weis shall be handled <br />in the fashion set forth in paragraph 3.2. <br />-3- <br />