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1987484.v5 5
<br />subrogation by the insurance carrier against the other Insured Owner and their respective agents and
<br />employees.
<br />EACH OF THE OWNERS OF THE PARCELS BENEFITTED OR BURDENED BY THIS
<br />AGREEMENT, FOR ITSELF AND ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS,
<br />DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS
<br />(COLLECTIVELY, AS TO EACH RESPECTIVE OWNER, AND INCLUSIVE OF THAT
<br />RESPECTIVE OWNER, “RELEASING PARTIES”), HEREBY RELEASES AND FOREVER
<br />DISCHARGES, WAIVES AND EXONERATES THE OTHER OWNERS AND THE
<br />RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
<br />SUCCESSORS AND ASSIGNS OF EACH SUCH OTHER OWNER (COLLECTIVELY, AS TO
<br />EACH RESPECTIVE OWNER, AND INCLUSIVE OF THAT RESPECTIVE OWNER,
<br />“RELEASEES”) FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, CAUSES OF
<br />ACTION AND DEMANDS AT LAW OR IN EQUITY, CONTROVERSIES, DAMAGES, COSTS,
<br />LOSSES AND EXPENSES (WHETHER KNOWN OR UNKNOWN AS OF THE DATE OF THIS
<br />AGREEMENT) THAT ANY OR ALL OF THE RELEASING PARTIES NOW HAS, OR MAY
<br />HAVE IN THE FUTURE, DIRECTLY ARISING OUT OF ANY MATTERS, OF ANY NATURE
<br />WHATSOEVER, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL
<br />CLAIMS IN TORT OR CONTRACT, ALL CLAIMS UNDER A WARRANTY OF ANY KIND
<br />(WHETHER EXPRESS, IMPLIED, OR, TO THE MAXIMUM EXTENT PERMITTED BY
<br />APPLICABLE LAW, STATUTORY) AND INCLUDING ANY WARRANTY OF
<br />MERCHANTABILITY, HABITABILITY OR GOOD AND WORKMANLIKE
<br />CONSTRUCTION AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR
<br />THE PURPOSE INTENDED, ALL CLAIMS ARISING OUT OF OR RELATING TO THE
<br />STORMWATER IMPROVEMENTS LOCATED ON THE OUTLOTS BEING OPEN AND NOT
<br />FENCED OR OTHERWISE GUARDED AND ANY OTHER BASIS FOR RECOVERY OR
<br />REIMBURSEMENT (COLLECTIVELY, THE “RELEASED CLAIMS”).
<br />NOTWITHSTANDING ANY OF THE FOREGOING RELEASE LANGUAGE, HOWEVER,
<br />THE FOREGOING RELEASE SHALL NOT APPLY, IN ANY CIRCUMSTANCE OR UNDER
<br />ANY CONDITION TO ANY MATTERS, OF ANY NATURE WHATSOEVER, THAT ARISE
<br />OR ACCRUE, AND ARE SUFFERED OR INCURRED BY ANY OR ALL OF THE RELEASING
<br />PARTIES AS A RESULT OF, OR DUE TO, OR BECAUSE OF (I) THE BREACH OR DEFAULT,
<br />BY ANY RELEASEES, UNDER THE TERMS OF THIS AGREEMENT OR (II) ANY
<br />MALFEASANCE OR ANY NEGLIGENT OR WILLFUL ACTS OR OMISSIONS BY ANY OF
<br />THE RELEASEES.
<br />9.No Owner benefited by the Amended Stormwater Maintenance Agreement, as
<br />amended hereby, shall intentionally alter the grade elevations on any portion of its respective Lot if
<br />such alteration would materially and adversely increase the flow of water into or onto any or the
<br />Outlots or otherwise materially and adversely affect the ownership, use and operation of any or all
<br />of the Outlots.
<br />10.Exhibit A attached to the Amended Stormwater Maintenance Agreement shall be
<br />deleted in its entirety and replaced by Exhibit A attached hereto with the new proportionate
<br />allocations for Common Expenses for each Lot.
<br />11.If Stinson or any other Owner of the Stinson Property requires any physical
<br />improvement (a “Stinson Drainage Improvement”) to be constructed on any portion of the Doran
<br />Property in order to facilitate or service its drainage requirements, mere surface drainage being
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