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J <br />091989 <br />requested, such consent or approval shall not be unreasonably <br />withheld or delayed, and shall be deemed given if no response is <br />made by such Owner within thirty (30) days after the date consent or <br />approval is requested pursuant to this Agreement and after the date <br />of delivery to the Owner from whom such consent or approval is <br />requested of all documents required by this Agreement to be <br />delivered to such Owner in connection with such consent or <br />approval. If any such consent or approval is withheld or delayed by <br />an Owner and there is a dispute as to its reasonableness, the sole <br />and exclusive remedy of the other Owner shall be declaratory <br />judgment, mandatory injunction or specific performance, but no money <br />damages shall be claimed or paid. <br />i. Unavoidable pplay. Whenever performance is required of any <br />Owner, that Owner shall use all due diligence to perform, and take <br />all necessary measures in good faith to perform, as soon as <br />possible; provided, however, that if completion of performance shall <br />be delayed at any time by reason of acts of God, war, civil <br />commotion, riots, strikes, picketing or other labor disputes, <br />unavailability of materials or labor, or damage to work or other <br />activity in 1­,rogress by reason of fire or other casualty, or other <br />causes beyond the reasonable control of that Owner, then the time <br />for performance as herein specified shall be appropriately extended <br />by the length of the delay actually so caused. The provisions of <br />this paragraph shall not operate to excuse any Owner from the prompt <br />payment of any moneys required by this Agreement. <br />j. Emergency. Whenever an Owner is obligated by this <br />Agreement to act or perform, and an emergency exists, in the <br />reasonable opinion of the other Owner, which can be abated or ended <br />by such act or performance, and the obligated Owner fails or refuses <br />to act or perform promptly, then the other Owner may act immediately <br />to abate or end the emergency without giving notice or waiting for <br />expiration of any applicable grace period as set out in this <br />Agreement, and the acting Owner may recover its costs and fees <br />pursuant to Section 9 hereof. <br />k. Ikon -Exclusive Easement-. The Owners hereto understand and <br />agree that those rights and easements hereby granted and created <br />which are non-exclusive are subject to the right of any Owner whose <br />property is subject to such non-exclusive easement to use that <br />Owner's property for similar or dissimilar uses and purposes; <br />provided, however, that such uses shall be subject to the prior and <br />superior Tights and easements hereby granted and created. Owners <br />reserve and retain all property rights and privileges relative to <br />their respective Parcels, but subject to the easements hereby <br />granted. <br />1. Caatio Section Preambles. The captions herein are <br />inserted only for reference, and in no way define, limit or describe <br />the scope of this Agreement or the meaning of any provision hereof. <br />M. Ouit Claim -deed. Each Owner agrees to execute and deliver <br />a quit claim deed, in recordable form, to any Parcel as to which any <br />easement created by this Agreement has been terminated, such deed to <br />be for the purposes of evidencing of record the termination of such <br />easement. The deed taxes thereon shall be paid by the grantor <br />therein and the recording costs of such deed shall be paid by the <br />grantee therein. <br />-10- <br />