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The premiums for said policy and any deductibles payable shall be included in Common Expenses. The above-described limits of liability may be included in the Maintaining Owner’s blanket policy covering other locations in addition to the Lot or Lots owned by such Owner so long as such Owner also maintains an umbrella policy of insurance with a per occurrence limit of liability of not less than Five Million Dollars ($5,000,000). The insurance maintained by the Maintaining Owner shall be primary and not contributory. D. Casualty. In event that any building or other structure on a Lot is damaged or destroyed, the Owner of such Lot shall, at such Owner’s option, either: (i) cause such improvements to be diligently repaired, reconstructed and restored within a reasonable time to the condition existing just prior to such destruction or damage in accordance with all requirements of this Agreement; (ii) cause other similar improvements to be diligently constructed on the area destroyed or damaged within a reasonable time period, which other similar improvements shall be compatible and integrated with the remaining improvements of the Shopping Center in accordance with all requirements of this Agreement; (iii) immediately raze the remainder of such building and improvements, remove all debris from the Lot, and either (a) completely landscape or (b) install a parking areas consistent with the existing parking areas of the Shopping Center and in accordance with all requirements of this Agreement, and maintain the same until such time the Owner commences construction of a new building and improvements on the Lot. E. Release. Notwithstanding the foregoing provisions of this Section 9, the Owners of each respective Lot hereby release each other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other Owner, its agents, employees, lessees, licensees or invitees. 10. DEFAULT AND REMEDIES. An Owner shall be deemed to be in default if (i) such Owner fails to make any payment when due as required under this Agreement and such failure continues upon the expiration of ten (10) days from receipt of written notice from any other Owner (a “Default Notice”) or (ii) upon the expiration of thirty (30) days from receipt of a Default Notice from any other Owner specifying the particulars in which such defaulting Owner has otherwise failed to perform the obligations of this Agreement unless that Owner, prior to the expiration of such thirty (30) days, has rectified the particulars specified in the Default Notice. However, such Owner shall not be deemed to be in default if such failure (except the failure to pay any monetary obligation) cannot be rectified within the thirty (30) day period despite its best efforts in good faith to do so, and such Owner shall have commenced to cure the default within the thirty (30) days and diligently pursues such cure until completed. In the event of a default that is not curable or not cured as provided in the preceding sentences, each non-defaulting Owner shall have all of the rights and remedies set forth in this Agreement, including but not limited to: A. Legal Action. Any other Owner may institute legal action against the defaulting Owner for specific performance, declaratory relief, damages or other suitable legal or equitable remedy; in addition to the recovery of damages and of any sums expended on behalf of the defaulting Owner, the prevailing party in the action shall be entitled to receive from the other 48