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<br /> I4.3 Pcrformuncc of Construction.
<br /> rt (I) Each Party shall perform all construction work in a safe, good and workmanlike manner. .
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<br /> with first-class materials and in accordance with the pions and specifications for the work, and in compliance with j
<br /> all applicobie Laws (including obtaining building and other governmental approvals). I '
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<br /> (2) Each Party shall perform its construction so as not to: (i) cause any material increase in `
<br /> the cost of construction or operation of the remainder of the Property or any part thereof; 01) unreasonably interfere • . J
<br /> with any other construction being performed on the Property; or (ii) unreasonably interfere with other Patties' •
<br /> operation and rights set forth in this REA.
<br /> (3) The Party responsible for the Construction work(or its contractor)shall agree to indemnify, .
<br /> defend and hold each Party harmless from and against, any and all claims, demands, losses, costs, damages.
<br /> liabilities, injuries or expenses, including,without limitation,reasonable attorneys' fees, incurred in connection with - '
<br /> the construction work.
<br /> : 4,4 Liens. Each Party and the Operator agrees that if any mechanic's lien or other statutory lien is filed •
<br /> against the Parcel or any other Party as a result of the construction work. it shall pay and discharge the same of . ,
<br /> record or provide a bond therefor within thirty (30) days after the notice of the filing thereof. . ,
<br /> 4.5 Notices of Non-Responsibility. Any Party upon whose Parcel any work is to be performed by another '•
<br /> and for which such Party did not contract.shall have the right to post such notices of non-responsibility and other Cr
<br /> notices as may be required to give notice that the Party gibing such notice shall not be responsible for payment for Cr)
<br /> such work.
<br /> 5.MAINTENANCE, REPAIR, ALTERATIONS AND RESTORATION, co
<br /> Yeas
<br /> 5.1 Maintenance of improvements. Except as provided otherwise in-the REA, each Party shall maintain. . 'tb
<br /> at its sole cost and expense. the Improvements on its Parcel in good and clean order and condition and in compliance '
<br /> with all Laws and shall male all necessary or appropriate repairs and replacements thereof with materials of good .
<br /> quality within a reasonable time. r i`
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<br /> 5.2 Damaee or Destruction to Improvements. -
<br /> (1) Except as provided otherwise in the REA, if all or any portioit of the Improvements is - .
<br /> damuged or destroyed, each Party" shall: within a reasonable time, commence arid complete (subject to Force '
<br /> • Majeure) the restoration. replacement. or rebuilding ("Restoration") of the Improvements on such Party's Parcel . . `
<br /> i (including Common Building Components, shared'Supporting Structures and shared thility•Facilities), et-least to •
<br /> . substantially the condition existing before such damage and destiuction, to the extent possible under the Laws. .
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<br /> 1 I • (2) Notwithstanding anything herein to the contrary. if ail or any portion of the Improvements .
<br /> on any Parcel is damaged or destroyed, the Restoration Obligation of each Owner shall not-exceed the amount of ' • • r
<br /> ' I proceeds actually received by Owner (and made available by Mortgagee) under insurance required in he carried .
<br /> ■ hereunder, plus the amount of any deductible provided under such-,insurance (together. the "Assailable Funds");
<br /> • provided. howessr, that: •
<br /> (a) each Owner shall undertake and complete in•accordance with this REA, such •
<br /> Restoration as may be required to ensure a safe and non-hazardous condition of the Improvements on the Parcel in • ,
<br /> aeconlance with Section 5.3 and.as necessary tp comply with any covenants or agreements.if any, to provide lateral ,
<br /> or subjacent support for improvements located on parcels adjoining the Property ("Essential Restoration"lreganlless ,
<br /> i ' of the amount of such Available Funds: . .
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<br /> (b) if the amount of Available Funds exceeds the cost of Essential Restoration. then in
<br /> . addition ib Essential Restoration, each Owner;hall undertake•and complete in accordance with this REA, in the '
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