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2741g:TSE:0911989
<br />side of the EW Driveway giving access from and to the EW Driveway to
<br />and from that part of the Equitable Parcel lying east of the EW
<br />Driveway. Such construction shall be done without cost to Welsh and
<br />in compliance with the requirements set out in paragraph 2.c
<br />hereof. The curb cuts shall be a part of the Common Area and
<br />maintenance and operation (as defined in paragraph 2.a hereof) of
<br />such curb cuts shall be done and paid for by Welsh pursuant to
<br />Section 2 hereof.
<br />a. Maintenance. Repair, Improvement and Replacem nt. The
<br />Owners agree that the Common Area shall at all times be kept in good
<br />and safe state of repair and maintenance, and in a clean, unlittered
<br />and orderly condition, including, but not limited to, the prompt
<br />collection and removal of all rubbish, water and debris, the prompt
<br />removal of snow, ice and surface waters, the prompt replacement,
<br />repair, trimming and mowing of trees, shrubs, grass and landscaped
<br />areas, the prompt repair and cleaning of signs and signals, lights
<br />and lighting fixtures, striping, seal coating and paving, and the
<br />prompt improvement and replacement of the Common Area as necessary
<br />to maintain it as above required (all being hereinafter called
<br />"maintenance and operation").
<br />b. Co_st and Expense. The cost and expense of the maintenance,
<br />repair, improvement, replacement and operation of the Common Area as
<br />required by paragraph 2.a shall hereinafter be referred to as Common
<br />Area Expenses. Welsh shall be solely responsible for and shall pay
<br />for all Common Area Expenses. It is understood and agreed that
<br />Welsh shall arrange and contract for all services or items necessary
<br />or desirable to be included in Common Area Expenses. In the event
<br />Welsh fails to provide the maintenance and operation services
<br />described above, Equitable shall have the right to arrange and
<br />contract for such services upon giving notice to Welsh of
<br />Equitable's intention to do so. Welsh agrees to pay for such
<br />services within fifteen (15) days of being billed therefor.
<br />C. .LJtJ1)M. The Common Area shall be so used and maintained
<br />so as not to impede or obstruct use of easements hereby granted for
<br />the uses and purposes hereby granted. All work and other ;activity
<br />carried on by or for any Owner on any Common Area shall be done (i)
<br />in such manner as to not unreasonably interfere with the normal use
<br />and enjoyment of the Common Area on which the work or activity is
<br />being done, 00 in .full compliance with the prov-,;ions of this
<br />Agreement, (iii) in full compliance Mitts all atpplic Ole statutes,
<br />codes, ordinances, rules and regulation,s, Gvy casing materials and
<br />equipment, and design and engineering standards, equal to or better
<br />than those originally used, (v) in a manner consistent with and
<br />similar to the original architectural design and construction to the
<br />greatest extent po3sible and where allowed by applicable estatutes,
<br />codes, ordinances, rules and regulations, (vi) in a good and
<br />workmanlike manner and (vi i ) in such manner as not to impair or
<br />des ',:roy the structural soundness or integrity, or functional
<br />utility, of the Common Area upon or in which tho work or activity is
<br />being done. Before any 0wner enters upon any Common Area to do any
<br />work, the entering Owner shall give at )oast ten (10) days' prior
<br />notice of such entry to the other Owner, and the anticipated entry
<br />time, estim*a,-,A .•. •-4_,7 and
<br />purpose. Such notice rre+ad not be given
<br />in the event of an emergency as reasonably determined by the
<br />entering Owner.
<br />a. Reloc&-t on- Welr°i sha n at its own cost; and expense, fill
<br />and relocate the retention honed which is currently located on the
<br />Equitable Paarccl. F ah1_0 shell incur nn coats in nonnection with
<br />ich f i 11 or relocation atlas no assessments shaaI 1 be IevNe b t e
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