CC PACKET 11222016 - Laserfiche WebLink

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Total 24,842 100% The percentage share of Common Expenses to be borne by the Owner of any Lot shall not be reduced in the event the gross square feet of the building on such Lot is reduced due to damage or destruction by fire or other casualty or otherwise reduced in violation of this Agreement. (vii) Maintaining Owner’s Resignation or Replacement. Upon ninety (90) days written notice to the Owners, the then Maintaining Owner shall be entitled to resign its Common Maintenance Obligations under this Section 5.C. In such event, the Maintaining Owner may designate one of the other Owners as its replacement and, if such Owner accepts such appointment, such newly designated Owner shall thereafter be the Maintaining Owner with the rights and responsibilities hereunder. If the Maintaining Owner fails to designate a successor which accepts such appointment, the Owners shall select a replacement party (which may be another Owner, a tenant of a Lot or a third party) by majority vote of the Owners to perform the Common Maintenance Obligations. In the event that the Maintaining Owner fails to perform its duties hereunder after thirty (30) days prior written notice of such failure by one or more of the other Owners, the Maintaining Owner may be relieved of its Common Maintenance Obligations under this Section 3.C by majority vote of the Owners of the Lots other than the Maintaining Owner, provided that a majority of the Owners (other than the Maintaining Owner being replaced) have selected a replacement party (which may be an Owner, or tenant of the Center or a third party) to perform the Common Maintenance Obligations. (viii) Owner Failure to Maintain. In the event an Owner of a Lot fails to appropriately perform its maintenance obligations as provided herein, then following thirty (30) days written notice from any other Owner given in accordance with Section 17, the notifying Owner shall have the right to perform such neglected maintenance and the nonperforming Owner shall be responsible for the reasonable costs of the performing Owner’s performance of such neglected maintenance. In the event the neglected maintenance in question involves the failure of an Owner to keep the driveways, walkways, entrances, exits and areas of ingress and egress reasonably free from ice and snow, the thirty (30) day notice provision set out in this subparagraph shall not be deemed to be applicable and the Owner wishing to perform neglected maintenance shall only be required to give such notice as may be reasonable under all of the facts and circumstances. 6. LIGHTING. Subject to the requirement that all lighting comply with Governmental Regulations, an Owner of a Lot shall keep its Lot fully illuminated each day after dusk until the later of (a) 1:00 a.m., or (b) at least thirty (30) minutes after the last business operation on its Lot has closed. Each Owner shall keep any exterior building security lights on from dusk until dawn. During the term of this Agreement, each Owner grants an irrevocable license to each other Owner for the purpose of permitting the lighting from one Lot to incidentally shine on the other Lot. It is recognized that the business establishments operating on the Lots may be open for business at different hours, and that the Owner or tenant of one Lot may wish to have the exterior lights on the other Lot(s) kept lit beyond the required period. Accordingly, the Owner of a Lot (“Requesting Party”) shall have the right, at any time to require the Owner of the other Lot (“Requested Party”) to keep its exterior lights on until a later hour as stipulated by the 45