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6.1. B. - Page 54 2.4. Rights of Entry and Use: The Units and Common Area (including Exclusive Use Common Area) shall be subject to the following rights of entry and use: A. The non - exclusive rights of each Owner for ingress, egress and support through the Common Area, and use of the Common Area as provided in Sections 2.2.A and 2.2.B. B. The right of the Association's agents or employees to enter any Unit to cure any violation of the Governing Documents provided that the Owner has received thirty (30) days written notice and a hearing as required by the Bylaws (except in the case of an emergency) and the Owner has failed to cure the violation or take steps necessary to cure the violation within thirty (30) days after the finding of a violation by the Association. C. The access rights of the Association to inspect, maintain, repair or replace improvements or property located in the Common Area as described in Section 5.2.E, and to enter any Unit to perform the Association's duties under this Declaration. D. The rights of the Owners, the Association, and the Declarant to install, maintain, repair or replace utilities as described in Article VI. E. The encroachment easements described in Section 10.5. Section 10.7. F. The rights of the Declarant during the construction period as described in G. The rights of Owners to make improvements or alterations authorized by California Civil Code § 1360(a)(2), subject to the provisions of Section 7.9 to the extent applicable. 2.5. Partition Prohibited: The Common Area shall remain undivided as set forth above. Except as provided by California Civil Code §1359 or authorized under Sections 8.2.13 or 8.3, no Owner shall bring any action for partition of the Common Area, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Condominium owned by two (2) or more persons and division of the sale proceeds is not prohibited by this paragraph. Any proceeds or property resulting from a partition of the Common Area shall be distributed to and among the respective Owners and their Mortgagees as their interests appear in proportion to the ratio that the fair market value of each Owner's Condominium bears to the fair market value of all Owners' Condominiums as of the date immediately preceding the date of the event giving rise to the right of the Owners to partition the Common Area. 2.6. Telecommunications Easement: Declarant reserves blanket easements (collectively "Telecommunications Easements ") over the Project for access and for purposes of constructing, installing, locating, altering, operating, maintaining, inspecting, upgrading, removing and enhancing Telecommunications Facilities (collectively, "Telecommunications Purposes ") for the benefit of Declarant. Such easements are freely transferable by Declarant to any other Person and their successors and assigns (subject to other existing agreements of instruments of Record). No one, except for Declarant and Declarant's transferees may use the Project for Telecommunications Purposes. All Telecommunications Facilities shall be owned, leased or licensed by Declarant, as determined by Declarant, in its sole discretion and business judgment. Transfer of the Project does not imply transfer of any Telecommunications Easements or Telecommunications Facilities. The holders of the Telecommunications Easements may not exercise the rights reserved hereunder in any mannerwhich will unreasonably interfere with the reasonable use and enjoyment of the Project by any Owner. If the exercise of any Telecommunications Easement results in damage to the 10 03/06/12 TAWPWINWPRO7ECTS�333 MAIN STREETIDEC - DRAFTING FORM[7][03 06 12].doc