CC PACKET 11222016 - Laserfiche WebLink

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Requesting Party, provided that the Requesting Party provides written notice to the Requested Party of such request not less than fifteen (15) days in advance. The Requesting Party shall state the period during which it wishes the lights to be kept on to a later hour and shall pay to the Requested Party a prepayment deposit as follows: (i) If the period for which extended lighting hours is requested is less than thirty (30) days, then the deposit shall be one hundred ten percent (110%) of the reasonable cost (as estimated by the Requested Party) of electrical power for such incremental later hours to be incurred by the Requested Party. (ii) If the period for which extended lighting hours is requested is greater than or equal to thirty (30) days, then the deposit shall be one hundred ten percent (110%) of the reasonable cost (as estimated by the Requested Party), of electrical power during the first thirty (30) days of the period for such later hours to be incurred by the Requested Party. If the period is greater than thirty (30) days, the Requesting Party shall renew such prepayment deposit at the end of each thirty (30) day period. The Requesting Party agrees to pay to the Requested Party one hundred ten percent (110%) of the cost of electrical power to provide such extra-hours’ illumination. If the Requested Party is of the opinion that the deposits made by the Requesting Party do not cover one hundred ten percent (110%) of such costs, the parties shall attempt to agree to the cost of such electrical power and if they cannot do so, then the amount the Requesting Party is obligated to pay shall be determined from the power costs as estimated by the electrical utility company furnishing such power, or if the utility fails to do so, by a reputable engineer. Upon the failure of a Requesting Party to pay the aforesaid amount or renew a deposit as required hereby, the Requested Party shall have the right to discontinue such extended lighting and to exercise other remedies herein provided. Any such request for extended lighting may be withdrawn or terminated at any time by written notice from the Requesting Party, and a new request or requests for changed hours may be made from time to time. 7. INTERFERENCE. Notwithstanding any other provision in this Agreement to the contrary, any Owner may from time to time, as often and for so long as reasonably necessary therefore, interfere with or close on a temporary basis any part of any of the easement areas if such interference is done in connection with the construction, repair, maintenance or replacement of any of the improvements upon any of the easement areas, provided (a) such activity does not occur during the Peak Season and (b) only one access point to a Lot is temporarily obstructed at any time. Except in an emergency, an Owner performing such work shall provide thirty (30) days prior written notice to the other Owners; provided, however, that in the event of an emergency said thirty (30) day notice provision shall not apply and only such notice as may be reasonable under the circumstances shall be required. Additionally, during any period when any building improvement on a Lot is undergoing construction, reconstruction, maintenance or repair, the Owner of such Lot under construction shall be entitled to interfere on a temporary basis with the easements provided for herein as to such Lot so long as reasonable alternative means of ingress to and egress from the Lots are provided. The Owners of the Lots shall make every reasonable effort to minimize the interference with the rights granted herein. The Owners reserve the rights to make such use of the easement areas as will not materially interfere with the rights granted in this Agreement. 46