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3.3 Casualty. If any casualty occurs to the Development during the Term, Owner shall,
<br />except as otherwise provided in this Section 3.3, Restore the Development with reasonable
<br />promptness. If the cost of Restoration of the Development following a casualty exceeds the
<br />insurance proceeds available to Owner for such Restoration (if Owner maintains all insurance
<br />required by this Regulatory Agreement and inclusive of any deductible or self-insured retention
<br />amounts), then Owner shall not be required to Restore the Development, but this Regulatory
<br />Agreement shall not be affected.
<br />3.4 Condemnation. If any portion of the Development is taken by exercise of the power
<br />of eminent domain by a Government during the Term, then Owner shall Restore the remaining
<br />portions of the Development with reasonable promptness, to the extent practicable.
<br />3.5 Maintenance. The Owner, for itself, its successors and assigns, covenants and
<br />agrees that:
<br />3.5.1 Maintenance Standard. The entirety of the Property and the Development
<br />shall be maintained by the Owner in good condition and repair, normal wear and tear excepted,
<br />and a neat, clean and orderly condition, including, without limitation, maintenance, repair,
<br />reconstruction and replacement of any and all asphalt, concrete, landscaping, utility systems,
<br />irrigation systems, drainage facilities or systems, grading, subsidence, retaining walls or similar
<br />support structures, foundations, signage, ornamentation, and all other improvements on or to the
<br />Property, now existing or made in the future by or with the consent of the Owner, as necessary to
<br />maintain the appearance and character of the Property, as improved with the Development. The
<br />Owner's obligation to maintain the Property and the Development described in the immediately
<br />preceding sentence shall include, without limitation, all of the following, at the Owner's sole cost
<br />and expense: (i) maintaining the surfaces in a level, smooth and evenly covered condition with
<br />the type of surfacing material originally installed or such substitute as shall in all respects be equal
<br />in quality, use, and durability; (ii) removing all papers, mud, sand, debris, filth and refuse and
<br />thoroughly sweeping areas to the extent reasonably necessary to keep areas in a clean and orderly
<br />condition; (iii) removing or covering graffiti with the type of surface covering originally used on
<br />the affected area, (iv) placing, keeping in repair and replacing any necessary and appropriate
<br />directional signs, markers and lines; (v) installing, operating, keeping in repair and replacing where
<br />necessary, such artificial lighting facilities as shall be reasonably required; (vi) providing security
<br />services as reasonably indicated; (vii) maintaining, mowing, weeding, trimming and watering all
<br />landscaped areas and making such replacements of plants and other landscaping material as
<br />necessary to maintain the appearance and character of the landscaping; (viii) properly maintaining
<br />the windows, structural elements, and painted exterior surface areas of the Development in a clean
<br />and presentable manner; (ix) keeping the common areas of the Development and the Property free
<br />of accumulated debris, appliances, inoperable motor vehicles or motor vehicle parts, or free of
<br />storage of lumber, building materials or equipment not regularly in use on the Property; (x) parking
<br />of any commercial motor vehicle in excess of 7,000 pounds gross weight anywhere on the Property
<br />on other than on a temporary basis; and (xi) the use of garage areas on the Property for purposes
<br />other than the parking of motor vehicles and the storage of personal possessions and mechanical
<br />equipment of the Owner or persons residing at the Property. The Owner's obligation to maintain
<br />the Development and the Property described in the two immediately preceding sentences is,
<br />collectively, referred to in this Regulatory Agreement as the "Maintenance Standard." The
<br />Owner may contract with a maintenance contractor to provide for performance of all or part of the
<br />duties and obligations of the Owner with respect to the maintenance of the Property or the
<br />REV: 05-20-25 LF
<br />ATTY/AGR.2025.100.3/HEART-SV (417 Stambaugh - Regulatory Agreement) (Page 19 of 35)
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