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6. 1. B. - Page 73
<br />ARTICLE VI. UTILITIES
<br />6.1. Owners' Rights and Duties: The rights and duties of the Owners of Condominiums
<br />within the Project with respect to sanitary sewer, storm sewer, water, drainage, electric, gas,
<br />television receiving, telephone equipment, DSL, fiber optic or other cables and lines, wires, ducts,
<br />flues and pipes, exhaust flues and heating and air conditioning facilities, collectively, "Utility
<br />Facilities ") shall be as follows:
<br />A. Whenever Utility Facilities are installed within the Project, which Utility
<br />Facilities or any portion of those facilities lies in or upon Condominiums owned by other than the
<br />Owner of a Condominium served by those Utility Facilities, the Owners of any Condominium served
<br />by those Utility Facilities shall have the right of reasonable access for themselves or for utility
<br />companies to repair, replace and generally maintain those Utility Facilities as and when necessary,
<br />due to failure or inability of the Board to take timely action to make such repairs or perform such
<br />maintenance.
<br />B. Whenever Utility Facilities serving more than one (1) Condominium are
<br />installed within the Project, the Owner of each Condominium served by those Utility Facilities shall
<br />be entitled to the full use and enjoyment of such portions of those Utility Facilities as service his or
<br />her Condominium.
<br />C. In the event of a dispute between Owners with respect to the repair or
<br />rebuilding of Utility Facilities, orwith respect to the sharing of the cost of those facilities, then, upon
<br />written request of one (1) Owner addressed to the other Owner(s), the mattershall be submitted first
<br />to the Board for mediation, and thereafter, if the dispute remains unresolved, to binding arbitration
<br />within sixty (60) days pursuant to Section 9.1. The decision of the arbitrator(s) shall be final and
<br />conclusive on the parties, and judgment on the decision may be entered in any court having
<br />jurisdiction.
<br />6.2. Easements for Utilities and Maintenance: Easements over, under and through the
<br />Project, including soffits and utility chases within Units, if any, for the installation, repair, and
<br />maintenance of Utility Facilities and landscaping as shown on the Map, and as may be hereafter
<br />required or needed to service the Project, are reserved by Declarant and its successors and
<br />assigns, until the completion of construction of the Project and sale of the Condominiums under
<br />authority of a Public Report, and thereafter are reserved by and for the benefit of the Association
<br />and its Members, together with the right to grant and transfer the same. The easements shall be in
<br />favor of Declarant, and its successors and assigns, and in favor of the Association.
<br />The location of the Utility Facilities described in this Section, and the location of the
<br />easements to accommodate such Utility Facilities, shall be set forth in the final plans for the Project.
<br />As used in this Declaration, the term "plans" shall mean and refer to the drawings indicating the
<br />locations of utility runs, which drawings were prepared to show the final locations thereof. In case of
<br />any variance between the Condominium Plan and the final plans with respect to the locations of said
<br />Utility Facilities, the plans shall be determinative as to the location of said Utility Facilities, and
<br />hence, the location of the easements to accommodate such Utility Facilities. In case of anyvariance
<br />between the plans and the actual location of the Utility Facilities, the actual location shall control.
<br />6.3. Association's Duties: The Association shall maintain all Utility Facilities located in
<br />the Common Area except for those facilities maintained by utility companies, public, private, or
<br />municipal and those maintained by the Owners as described in Section 7.21. The Association shall
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