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427348v5 SJB LN140 -109 5 (b) All construction activities for the Access Driveway shall be performed in compliance with all legal requirements and applicable governmental authorities. All construction shall utilize new materials, and shall be performed in a good, safe and worker -like manner. (c) In connection with the construction of the Access Driveway, the EDA hereby grants to LLAL a temporary construction easement for encroachments upon the EDA Parcel (beyond the boundaries of the Access Driveway Easement Area) as is reasonably necessary for the performance of such construction work. LLAL shall use commercially reasonable efforts to minimize any interference with the normal use of the EDA Parcel and shall, at its sole expense, repair any damage to the improvements on the EDA Parcel and, promptly after completion of the work, restore the affected EDA Parcel to substantially the condition it was in immediately prior to such work. (d) Prior to Transfer of the Future Adjacent Parcel to a third party, LLAL and any sub sequent Owner of the LLAL Parcel shall, at its cost, keep and maintain the Access Driveway in good order and condition, and repair and replace the surface of the Access Driveway as reasonably required to keep such area in good order and condition, ordinary wear and tear excepted. Such maintenance work shall include, without limitation, removal of dirt and snow, removal of trash and debris, patching and sealing driveways and parking surfaces, removing and replacing the driveways and parking surfaces within the Access Driveway Easement Area as may be required from time to time, keeping and maintaining any lighting serving the Access Driveway from time to time in good operating condition, and cleaning, trimming, and maintaining any landscaping located within t he portion of the Access Driveway Easement Area. (e) From and after Transfer of the Future Adjacent Parcel to a third party, the Owner of the LLAL Parcel shall undertake the maintenance responsibilities described in paragraph (d). All out -of-pocket cost and expenses incurred by the owner of the LLAL Parcel to maintain and repair the Access Driveway Easement Area shall be shared equally by owners of the LLAL Parcel and the Future Adjacent Parcel. The Owner of the Future Adjacent Parcel shall, within t hirty (30) days after receipt, from the Owner of the LLAL Parcel, of an invoice setting forth the maintenance, repair and replacement costs incurred by the Owner of the LLAL Parcel, reimburse the Owner of the LLAL Parcel for its 50% share of such costs. (f) Notwithstanding anything to the contrary contained in this Agreement, in the event of the failure of an Owner to perform all or any portion of its responsibilities under this Section 3 with respect to the Access Driveway Easement Area, including wi thout limitation, payment of costs, within thirty (30) days after written notification from the non -defaulting Owner, or such lesser period as is required in an emergency or due to weather conditions such as accumulated snow or ice, or if not reasonably ca pable of cure within thirty (30) days such longer period as is reasonably required to perform the same with due diligence, the non -defaulting Owner may cause such responsibilities to be performed or paid at the expense of the non - defaulting Owner, and the defaulting Owner shall reimburse the non -defaulting Owner Parcel within thirty (30) days after receipt of an invoice therefore. In the event the Owner of the LLAL Parcel performs such work and is not reimbursed within such thirty (30) day period, the amou nts owed to Owner of the LLAL Parcel thereafter include interest at the rate of 5% annum, until fully paid.